June 15, 2019

Judge Not Disqualified from Foreclosure Actions Due to His Interest in PERA

The Colorado Judicial Ethics Advisory Board issued C.J.E.A.B. Opinion 2013-03 on Wednesday, July 10, 2013.

The opinion discusses whether a judge must disqualify himself from two C.R.C.P. 120 foreclosure actions because of his interest in the Public Employees Retirement Association (PERA). The motion requesting the judge to disqualify himself alleged that because PERA held investments in the foreclosing banks, and has an economic interest in litigation involving mortgage-based securities.

The Judicial Ethics Advisory Board opined that the judge need not recuse, because he has at most a de minimus interest in the outcome of the proceedings through PERA, he does not have actual bias or prejudice regarding the parties, and does not have a disqualifying interest in the foreclosing bank.

For the full text of the opinion, click here. For all of the Colorado Judicial Advisory Board opinions, click here.

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