(1) A judge of a court of record shall be disqualified to hear or try a case if:
(a) He is related to the defendant or to any attorney of record or attorney otherwise engaged in the case; or
(b) The offense charged is alleged to have been committed against the person or property of the judge or of some person related to him; or
(c) He has been of counsel in the case; or
(d) He is in any way interested or prejudiced with respect to the case, the parties, or counsel.
(2) Any judge who knows of circumstances which disqualify him in a case shall, on his own motion, disqualify himself.
(3) A motion for change of judge on any ground must be verified and supported by the affidavits of at least two credible persons not related to the defendant, stating facts showing the existence of grounds for disqualification. If the verified motion and supporting affidavits state facts showing grounds for disqualification, the judge must enter an order disqualifying himself. After disqualifying himself, the judge may require a full hearing upon the issues raised by the affidavits and shall request that another judge conduct the hearing. The other judge shall make findings of fact with regard thereto, and such findings shall be included as a part of the trial court record.
(4) The disqualified judge shall certify the need for a judge to the chief justice of the Colorado supreme court, who shall assign a judge to the case.
(5) The term "related", when used in this section, means related within the third degree by blood, adoption, or marriage.
Source: L. 72: R&RE, p. 219, § 1. C.R.S. 1963: § 39-6-201.
ARTICLE 7 Separate Trial - Arraignment - Plea Agreements - Deferred Prosecution and Deferred Sentencing Editor's note: This article was repealed and reenacted in 1972. For historical information concerning the repeal and reenactment, see the editor's note before the article 1 heading.
PART 1
SEPARATE TRIAL - ALIBI NOTICE
Notes of Decisions
Schupper v. People, 157 P.3d 516 (Colo. 2007).
· cites it 10× “Colorado law offers three interrelated guideposts for judicial disqualification: Colorado Rule of Criminal Procedure 21(b), section 16-6-201 of the Colorado Revised Statutes, and Canon 3 of the Colorado Code of Judicial Conduct.”
People v. Julien, 47 P.3d 1194 (Colo. 2002).
· cites it 20× “Section 16-6-201, Crim. P. 21(b), and Canon 3 set forth Colorado standards by which a judge determines sua sponte or in response to a motion whether to disqualify himself or herself from the case.”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
· cites it 8× “Rodriguez and his counsel, and despite the pendency of a Motion to Recuse her, was prejudicial error.”
on v. People, 2020 CO 46 (Colo. 2020).
· cites it 3× “” § 16-6-201(1); accord Crim. P. 21(b)(1). ¶36 Likewise, the Colorado Code of Judicial Conduct (“Code”) requires a judge to “disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned.”
People v. Schupper, 353 P.3d 880 (Colo. Ct. App. 2014).
· cites it 4× “Colorado law offers three interrelated guideposts for judicial disqualification: Colorado Rule of Criminal Procedure 21(b), section 16-6-201 of the Colorado Revised Statutes, and Canon 8 of the Colorado Code of Judicial Conduct.”
People v. Lanari, 926 P.2d 116 (Colo. Ct. App. 1996).
· cites it 18× “Section 16-6-201, C.R.S. (1986 Repl. Vol.”
People v. Dist. Court, 560 P.2d 828 (Colo. 1977).
· cites it 11× “Moreover, the People contend that the disqualification motion was filed under section 16-6-201, C.R.S. 1973, which is nearly identical to Crim.”
People v. Dobler, 369 P.3d 686 (Colo. Ct. App. 2015).
· cites it 3× “"Section 16-6-201, Crim. P. 21(b), and Canon 3 set forth Colorado standards by which a judge determines sua sponte or in response to a motion whether to disqualify himself .”
People v. Mandez, 997 P.2d 1254 (Colo. Ct. App. 1999).
· cites it 3× “Section 16-6-201, C.R.S.1998, as well as the substantially identical Crim.”
Comiskey v. Dist. Court in & for the Cnty. of Pueblo, 926 P.2d 539 (Colo. 1996).
· cites it 16× “21 and section 16-6-201, 8A C.R.S. (1986). Because he contends that Colorado law does not permit district court judges to divide a case, Comiskey would have us conclude that the procedure employed in this case was tantamount to a recusal by the trial court.”
— Colo. Rev. Stat. § 16-6-201(1) — 6 cases
on v. People, 2020 CO 46 (Colo. 2020).
“” § 16-6-201(1); accord Crim. P. 21(b)(1). ¶36 Likewise, the Colorado Code of Judicial Conduct (“Code”) requires a judge to “disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned.”
People v. Dist. Court, 560 P.2d 828 (Colo. 1977).
“Moreover, the People contend that the disqualification motion was filed under section 16-6-201, C.R.S. 1973, which is nearly identical to Crim.”
— Colo. Rev. Stat. § 16-6-201(1)(a) — 1 case
— Colo. Rev. Stat. § 16-6-201(1)(c) — 1 case
— Colo. Rev. Stat. § 16-6-201(1)(d) — 23 cases
v. Roehrs, 2019 COA 31 (Colo. Ct. App. 2019).
People v. Dobler, 369 P.3d 686 (Colo. Ct. App. 2015).
“"Section 16-6-201, Crim. P. 21(b), and Canon 3 set forth Colorado standards by which a judge determines sua sponte or in response to a motion whether to disqualify himself .”
— Colo. Rev. Stat. § 16-6-201(2) — 2 cases
on v. People, 2020 CO 46 (Colo. 2020).
“” § 16-6-201(1); accord Crim. P. 21(b)(1). ¶36 Likewise, the Colorado Code of Judicial Conduct (“Code”) requires a judge to “disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned.”
v. Roehrs, 2019 COA 31 (Colo. Ct. App. 2019).
— Colo. Rev. Stat. § 16-6-201(3) — 16 cases
Schupper v. People, 157 P.3d 516 (Colo. 2007).
“Colorado law offers three interrelated guideposts for judicial disqualification: Colorado Rule of Criminal Procedure 21(b), section 16-6-201 of the Colorado Revised Statutes, and Canon 3 of the Colorado Code of Judicial Conduct.”
People v. Julien, 47 P.3d 1194 (Colo. 2002).
“Section 16-6-201, Crim. P. 21(b), and Canon 3 set forth Colorado standards by which a judge determines sua sponte or in response to a motion whether to disqualify himself or herself from the case.”
People v. Lanari, 926 P.2d 116 (Colo. Ct. App. 1996).
“Section 16-6-201, C.R.S. (1986 Repl. Vol.”
— Colo. Rev. Stat. § 16-6-201(4) — 1 case
— Colo. Rev. Stat. § 16-6-201(5) — 1 case
— Colo. Rev. Stat. § 16-6-201(8) — 5 cases
Schupper v. People, 157 P.3d 516 (Colo. 2007).
“Colorado law offers three interrelated guideposts for judicial disqualification: Colorado Rule of Criminal Procedure 21(b), section 16-6-201 of the Colorado Revised Statutes, and Canon 3 of the Colorado Code of Judicial Conduct.”
People v. Julien, 47 P.3d 1194 (Colo. 2002).
“Section 16-6-201, Crim. P. 21(b), and Canon 3 set forth Colorado standards by which a judge determines sua sponte or in response to a motion whether to disqualify himself or herself from the case.”
— Colo. Rev. Stat. § 16-6-201(d) — 1 case
People v. Lanari, 926 P.2d 116 (Colo. Ct. App. 1996).
“Section 16-6-201, C.R.S. (1986 Repl. Vol.”
— Colo. Rev. Stat. § 16-6-201(l)(d) — 5 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.