recusal
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Colorado’s federal judges recused 200+ times in 4 years for variety of reasons
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Colorado’s federal judges issued orders recusing themselves from cases at least 203 times in four years, with reasons ranging from unspecified appearances of partiality to potential conflicts created by their prior employment and family connections. One judge also noted in recusing himself that if he ruled against an attorney who was his personal friend, “it…
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Appeals court orders new sentencing due to biased Adams County judge
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Colorado’s second-highest court agreed last week that a former Adams County judge should not have sentenced a criminal defendant, given that the judge acknowledged his bias by also granting a motion to recuse himself. Jurors convicted Regan Christopher Garcia in 2022 of stalking his ex-wife. After trial, Garcia believed his public defender was conspiring with…
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Transparency at the Colorado Supreme Court: Attorneys voice support for basic tweaks
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In the past year, some members of the U.S. Supreme Court have chosen to disclose their justifications for recusing themselves from specific appeals, for reasons including their prior employment or their connection to people involved with the case. Similarly, the Colorado Supreme Court’s weekly case announcements note when any of the seven justices has recused…
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10th Circuit finds no constitutional, antitrust violations by Calhan officials with RV ordinances
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Members of a prominent family who served in the town of Calhan’s government did not commit constitutional or antitrust violations by adopting a series of restrictions on recreational vehicle parks that did not apply to their family’s own facility, the federal appeals court based in Denver ruled this month. Although a trial judge previously suggested…
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Federal judge agrees colleague need not recuse in case due to prior employment
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A federal judge agreed last week that her colleague, a new appointee to Colorado’s U.S. District Court after a career representing the federal government, does not need to recuse from a recent civil case brought against the government. U.S. Magistrate Judge Susan Prose joined the federal trial court earlier this year, appointed by the life-tenured…
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Ethics opinion: Judge may testify in misconduct investigation into DA
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A trial judge may testify in misconduct proceedings involving an elected district attorney and their office without automatically needing to recuse from any criminal cases, the Colorado Supreme Court’s ethics panel concluded earlier this month. The Judicial Ethics Advisory Board, which consists of attorneys, judges and one non-lawyer, confirmed it is a judge’s duty to…





