If the judge in the Denver trial of whether Donald Trump is eligible to run for president rules against him, there will be plenty of fodder for those looking for reasons to believe the fix was in and there was no fair due process.

I believe Judge Sarah Wallace is qualified, intelligent, competent and unbiased in this matter. And she should have recused herself from hearing this case. The applicable rules make clear the appearance of partiality is what matters – not whether it truly exists. These are ethical rules designed to protect the perception of the court as a fair arbiter of justice. That perception is now tarnished.

The first words of Colorado Code of Judicial Conduct rule 2.11 state:

“A judge shall recuse…herself in any proceeding in which the judge’s impartiality might reasonably be questioned.”

Whether the judge is truly impartial or unbiased is irrelevant. If her impartiality can reasonably be questioned, the judge must (that’s what “shall” means – not negotiable) recuse herself. So, is it reasonable to question her impartiality in this matter?

To answer that question, it is important to understand the chronology of events, who the players are, and their relationship to this case.

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To begin, several plaintiffs, including some registered Republicans, have filed a lawsuit against Democrat Secretary of State Jena Griswold to prevent her from allowing Coloradans to have the option of voting for Donald Trump – frontrunner for the Republican nomination – for president. Their unprecedented lawsuit is based upon the language of Section 3 of the 14th Amendment to the U.S. Constitution, which disqualifies from certain public offices candidates who “engaged in insurrection.” The interpretation of that phrase is critical to this unprecedented case.

Griswold agrees with those suing her and wants to lose this lawsuit. Characteristic of her consistent and ongoing condemnations of Trump (whose fate rests on Griswold winning the case she wants to lose) is her unequivocal social media post in September: “Donald Trump incited the insurrection and tried to steal the 2020 election from the American people.” That is awkward for Trump.

It gets more awkward for Trump, who figuratively sits at Griswold’s table in the courtroom.

Representing Griswold – in part – is Democrat Attorney General Phil Weiser, who called for Trump’s impeachment as a result of Jan. 6, 2021.

Judge Wallace has contributed to the political campaigns of both Griswold and Weiser while waiting to become a judge. She appears to have never contributed to a Republican.

As early as Aug. 15, 2021, Wallace – then a partner in powerhouse law firm Ballard Spahr – applied to be a Denver district court judge. On Aug. 30, she was nominated and made it to Gov. Jared Polis’ desk with two other nominees. Only four days later, and just prior to Polis’ decision about who he would appoint to the bench, Wallace made a $250 contribution to Griswold’s campaign for secretary of state. Ultimately, Polis appointed someone else. That time.

In July 2022 – less than one year after her first try – Wallace applied again to be Denver district court judge. Again, she was nominated to the governor’s desk. This time, Polis appointed her on Aug. 18, even though she would not be sworn in until last Jan. 10.

Fewer than two months after being appointed by Polis, and again despite being a judge-in-waiting, Wallace contributed $100 to the Colorado Turnout Project. The “Our Story” page of their website – the first page that appears – claims the project was “formed shortly after Colorado Republicans refused to condemn the political extremists who stormed the United States Capitol on Jan. 6, 2021.” They announce the Project “aims to prevent violent insurrections….” Finally, the Project makes clear its partisan goals: to “tak[e] the remaining three Republican [congressional] seats in our state.”

That same Judicial Conduct Rule 2.11 also states a judge should recuse themselves if:

“the judge, while…a judicial candidate, has made any public statement…that…appears to commit the judge to reach a particular result…in a particular way in the proceeding….”

To be clear, a year before the trial of whether Republican Donald Trump should be disqualified from the ballot for president based upon accusations he encouraged an insurrection on Jan. 6, 2021, the judge presiding over that trial contributed to a highly partisan organization whose existence is based upon the conclusion there was a violent insurrection and Republicans should be defeated at for failing to condemn it.

Those optics are awful and unfixable short of recusal. Even if we take Judge Wallace at her word – and I do – that she “was not cognizant of this organization or its mission,” it is irrelevant.

The standard is one of appearance. In this historic case, at a time when America’s politics has become more divided and toxic than in any memory and significant portions of the electorate question the integrity of government at every level, we must have a judge free of this baggage and the legitimate, and reasonable, questions that flow from it.

We must also question the judgment of a person who makes multiple partisan political contributions during the time they are pending appointment and swearing in to a judgeship.

Colorado voters, the United States, and even Donald Trump deserve a result of this unprecedented trial free from the taint of a judge who appears to lean partisan and in favor of finding an insurrection occurred – even before hearing any evidence in the case.

If Judge Wallace rules against him – the narrative is obvious and destructive of our judicial system.

Judge Wallace has the appropriate judicial temperament, intellect and impartiality to preside over this case. She should have disqualified herself from the trial and she was wrong not to do so.

George Brauchler is the former district attorney for the 18th Judicial District. He also is an Owens Early Criminal Justice Fellow at the Common Sense Institute. He hosts “The George Brauchler Show” on 710KNUS Monday through Friday from 6 a.m. to 10 a.m. Follow him on Twitter: @GeorgeBrauchler.