Background

Legislative immunity is provided to members of the Colorado General Assembly by article V, section 16 of the Colorado Constitution. Its purpose is to preserve the integrity of the legislative process and protect the legislative branch from intimidation by the executive and judicial branches of government and private parties. It grants legislators immunity from civil lawsuits and state criminal prosecution but not from federal criminal prosecution. It also prevents legislators from being compelled to testify or produce documents in legal proceedings with respect to matters that fall within the "sphere of legitimate legislative activity." The "sphere" includes actions taken during official legislative proceedings that are conducted in accordance with constitutional procedural requirements and other activities that are integral to the legislative (i.e., lawmaking) function. However, the "sphere" does not include actions taken outside of official legislative proceedings that are not integral to the legislative function.

Hypothetical

Defamation - legislator to legislator statements

During heated floor debate on a bill that would repeal all state restrictions on large-capacity ammunition magazines, a legislator who opposes the bill claims that the bill sponsor is only carrying the bill because a Colorado-based firearms manufacturer bribed him.

Question

Does legislative immunity protect the legislator who made the accusation of bribery from liability in a civil lawsuit for defamation filed by the bill sponsor?

1. NO, because the legislator accused the bill sponsor of bribery, a crime that is a felony, legislative immunity does not apply.
2. NO, because the purpose of legislative immunity is to protect the General Assembly from intimidation by the executive and judicial branches of government and private parties, it does not apply to a statement made or other action taken by a legislator against another legislator.
3. YES, because a legislator who takes bribes directly impacts the integrity of the legislative process, it is important to allow other legislators to "blow the whistle" without fear of legal repercussions if they think that another legislator is taking a bribe, even if the charge later proves to be false.
4. YES, because the legislator made the claim during an official legislative proceeding while acting as a lawmaker, legislative immunity protects the legislator from liability in a civil lawsuit for defamation filed by the bill sponsor.

Tutorial Home

The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.