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SB 84

No Waiver for Legal Privileges State Auditor Documents

2026 Regular Session

Colorado SB 84 prevents waiver of legal privileges in State Auditor documents, protecting confidential communications but potentially limiting public access to taxpayer-funded audit information.

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Bill Summary · SB 84

Legislative bill overview

SB 84 prohibits the waiver of legal privileges (such as attorney-client privilege and work product doctrine) for documents in the possession of the Colorado State Auditor. This means that auditor documents cannot be compelled to reveal privileged communications, even if someone attempts to waive that privilege on behalf of the state.

Why is this important

This bill protects the confidentiality of legal advice and strategy related to state audits, potentially encouraging more candid communication between auditors and legal counsel. However, it may also limit transparency and public access to information about audits that receive public funding and scrutiny.

Potential points of contention

  • Transparency vs. confidentiality trade-off: Public records advocates may argue that taxpayer-funded audits should be more transparent, while legal protection advocates contend that confidential legal advice improves audit effectiveness
  • Scope of privilege protection: Unclear whether this applies to all auditor communications or only specific privileged categories, and whether it extends to factual findings versus legal analysis
  • Access to government accountability: The bill may prevent the public, legislature, or other agencies from obtaining auditor communications that could reveal improper conduct or poor decision-making

Compiled from official sources — confirm details with the bill’s official record.

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