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.
The Colorado Affidavit to Disqualify or Recuse Judge for Prejudice, also known as a Motion for Refusal or Removal, is a legal document that allows a party to request the removal of a judge from a case due to perceived bias or prejudice. In Colorado, there are two main types of affidavits that can be used: 1. Colorado Affidavit to Disqualify Judge for Prejudice: This affidavit is filed by a party in a case to request the disqualification of a judge based on bias or prejudice that could potentially impact their ability to receive a fair trial. The affidavit must include specific facts and evidence that support the claim of prejudice, such as prior rulings or statements made by the judge that demonstrate a clear bias or conflict of interest. 2. Colorado Affidavit to Recuse Judge for Prejudice: Unlike the disqualification affidavit, the refusal affidavit is filed by the judge themselves, to voluntarily remove themselves from a case due to potential conflicts of interest or bias. This can occur when a judge feels that their impartiality may be compromised or when they have personal or professional relationships with individuals involved in the case, which could hinder their ability to make unbiased decisions. When filing either affidavit, it's crucial to follow the Colorado Rules of Civil Procedure and provide a detailed and compelling argument. This may include citing relevant case law or specific court rules that support the grounds for disqualification or refusal. The affidavit should clearly outline the reasons why the judge's continued involvement in the case would compromise the fairness of the proceedings. It's important to note, however, that filing an affidavit for disqualification or refusal does not guarantee that a judge will be removed from the case. The decision ultimately lies in the hands of another judge or judicial body responsible for reviewing such requests. It is crucial to consult with an attorney experienced in Colorado law to navigate this process effectively. Keywords: Colorado affidavit, disqualify, recuse, judge, prejudice, refusal, removal, bias, motion, conflict of interest, legal document, Colorado Rules of Civil Procedure.
