§ 16-6-201 — Disqualification of judge

Colorado § 16-6-201

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Change of Venue and

Text

(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.

Legislative History

Source: L. 72: R&RE, p. 219, � 1. C.R.S. 1963: � 39-6-201.