July 22, 2018

Colorado Supreme Court: District Attorney with Financial Interest in Case Should Not Be Disqualified Unless Defendant Unlikely to Receive Fair Trial

The Colorado Supreme Court issued its opinion in People v. Perez on September 13, 2010.

District Attorney’s Financial Interest—Grounds for Disqualification—Likelihood of Fair Trial.

The Supreme Court reviewed the trial court’s order disqualifying the Office of the District Attorney for the Eighteenth Judicial District. The Court reversed the order under CRS § 20-1-107(2), because there was no evidence to support a finding that the district attorney’s financial interest in the case would render it unlikely that defendant would receive a fair trial. The Court held that even where the district attorney has a financial interest in a case, in violation of the statute, she should not be disqualified unless that financial interest would render it unlikely that defendant would receive a fair trial.

Summary and full case available here.

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