Colorado Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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Multi-State
Control #:
US-02219BG
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Word; 
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Description

A Judge should disqualify himself or herself in a proceeding where he or she:


" Has a personal bias or prejudice concerning a party;

" Has personal knowledge of disputed evidentiary facts;

" Served as a lawyer in the matter in controversy;

" Practiced law with a lawyer who, during the time of this association, handled the case in question;

" Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;

" Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;

" Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;

" Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or

" Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.

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FAQ

Judges on the Colorado District Courts are selected through the assisted appointment method. Each judge is appointed by the governor from a list of names compiled by a judicial district nominating commission. Each of Colorado's 22 judicial districts has a nominating commission consisting of seven members.

Rule 2.11 - Disqualification (A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality* might reasonably be questioned, including but not limited to the following circumstances: (1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal ...

In Colorado criminal cases, the defense or the prosecution can make a motion to recuse a judge. This is a motion to remove the judge from the case, and have the judge replaced by another judge, because of the existing judge's actual or perceived impartiality or conflict of interest.

The fact is that judges often make decisions that aren't fair or legally correct, for no good reason. There can be bias even when a judge is no respecter of persons. For sure, when one or both parties are in court without a lawyer, you can expect to see judicial bias. The judge wants that case off the docket for good.

The judge has personal or financial interest in the outcome. This particular ground varies by jurisdiction. Some require recusal if there is any interest at all in the outcome, while others only require recusal if there is interest beyond a certain value. The judge determines he or she cannot act impartially.

Obvious examples are violations of criminal law, sexual misconduct with staff/attorneys/parties, joining discriminatory organizations and using the judicial position to enhance a private interest.

Also, requests for recusal should be in the form of a motion. In many areas if there is a VALID complaint of judicial misconduct filed with, or being processed by, the local judicial disciplinary board, one has a better chance of successful recusal at hearings FOLLOWING the filing of the complaint.

Although there can be some technical differences between the two terms, ?recuse? can usually be used interchangeably with ?disqualify.? When a judge is disqualified or recused from a case, he or she does not participate. In trial courts and some appellate courts, another judge hears it in place of the one who recused.

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Colorado Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal