June 16, 2019

HB 17-1132: Establishing Statutory Procedure for Judicial Disqualification

On January 30, 2017, Rep. Paul Lundeen and Sen. Bob Gardner introduced HB 17-1132, “Concerning Judicial Disqualification in Civil Actions.”

Currently, under the Colorado rules of civil procedure, a party may file a motion and affidavit to disqualify a judge for specified reasons. The bill establishes the process in statute and specifies the reasons why a judge may be disqualified. The bill adds to the process requirements that:

  • The motion must be filed within certain time frames; and
  • If the judge who is the subject of the motion does not immediately grant the motion, the issue is referred to the chief judge of the court or, if the judge is a chief judge, a chief judge of an adjoining jurisdiction.

The bill was introduced in the House and assigned to the Judiciary Committee. It is scheduled for hearing in committee on February 21, 2017, at 1:30 p.m.

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