Martha Phillips Allbright, Chief Deputy Attorney General
Richard A. Westfall, Solicitor General
Merrill Shields, Deputy Attorney General
Linda A. Siderius, First Assistant Attorney General
Victoria R. Mandell, Assistant Attorney General
Regulatory Law Section
Attorneys for Petitioner
Isaacson Rosenbaum Woods & Levy, P.C.
Sheldon E. Friedman
Scott S. Evans
Attorneys for Respondent
Kevin O. O'Brien
Attorney for Amicus Curiae American Civil Liberties Union Foundation of Colorado, Inc.
Rothgerber, Appel, Powers & Johnson, LLP
Frederick J. Baumann
JoAnn L. Vogt
Attorneys for Amicus Curiae American Institute of Certified Public Accountants
Allen & Pinnix, P.A.
Noel L. Allen
Raleigh, North Carolina
Attorneys for Amicus Curiae National Association of State Boards of Accountancy
JUSTICE HOBBS delivered the Opinion of the Court.
JUSTICE SCOTT does not participate.
The Colorado State Board of Accountancy (Board) appeals from a decision by the court of appeals allowing the accounting firm of Zaveral Boosalis Raisch (ZBR) to use the accountant-client privilege, see § 13-90-107(1)(f)(I), 5 C.R.S. (1997), to refuse compliance, absent the client's consent, with a subpoena issued by the Board. The Denver District Court interpreted exercise of the Board's subpoena power, see § 12-2-126(1)(a), 4 C.R.S. (1997), as an exception to the accountant-client privilege. In the absence of express legislative language creating an exception, the court of appeals declined to imply one. See Colorado State Bd. of Accountancy v. Zaveral Boosalis Raisch, 931 P.2d 498, 500 (Colo. App. 1996).(1) We agree and affirm.
The Board received an unsigned letter alleging improprieties in the accounting practices of ZBR in connection with two casinos. The writer of this letter accused ZBR of violating accepted accounting principles and of preparing deficient auditing statements