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Ruling and Order of Justification Hobbs Denying Motion for Disqualification
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Ruling and Order of Justification Hobbs Denying Motion for Disqualification
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Last modified
1/26/2010 4:41:41 PM
Creation date
7/29/2009 2:42:38 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2F
Description
Colorado Supreme Court Appeal
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
9/21/2004
Author
Supreme Court, State of Colorado
Title
Ruling and Order of Justification Hobbs Denying Motion for Disqualification
Water Supply Pro - Doc Type
Court Documents
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D9-27-2004 03:54PM FROM-DOL NATURAL RESOURCES 3038663558 T-244 P.006/011 F-454 <br />ariyone who woula contend that judicial disqualification is <br />warranted to ovErcorne Lhis presumpLion by clearly and <br />affirmatively dE:monstrating acLUal bias, an appearance of bias, <br />impropriety, or the ill will of the chal.lenged judge or by <br />distinctly stat.,.ng other grounds warrantinq such relief in the <br />circumstances o;: r-he case." <br />Id. § 19.9, at i73-75. <br />A judge's statements on issues of law do not qualify as <br />"grounds warrapcing such relief" because Lhe job of a judge 1-5 <br />to make public .3xpressions abouL r-he law. In addition to making <br />on-the-bench expressions during oral argument and wri-ting <br />opinions for Lh2 couxt, Colorado's judicial canons express.ly <br />provide that tieaching and writing abQUt tne law and the role of <br />the judiciary is within a judge's role. <br />In partict.lar, Canon 4.A.af [he Colorado Code of Judicial <br />Conducz encourz,ges judges to make off-the-bench appearances to <br />speak and writE about the law: <br />[A] judge is encouraged to speak, write, lecture, Leach, <br />and partic-ipate in or-her acLivities concerning the law, zhe <br />1ega1 sysiem, and r-he admznistration of juscice, including <br />r-he role c,f the judiciary as an independenL branch wiChin <br />our systen of governmenL. <br />Canon S.B. pr,o•rides that a judge may serve as an of.ficer oP an <br />zducar-ional or,lanization not involving r-he economic or political <br />advantages of ?.ts members.
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