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II. A.PPLTCABLE LAW REQDIRES DISQUALIFICATION _WHERE A JUDGE'S <br />IMPARTIALTTY NIIGHT BE REASONABLY QUESTIONED. <br />The concept of an independent, impartial judiciary is deeply ingrained in American <br />jurisprudence. "Judicial independence is one leg ofthe three-legged stool that corripri.ses our system <br />of government. Without it, the system topples." Kourlis, Judiczal Independence and .Independent <br />Judges, 80 DENV. U. L. R.EV. 746 (2003). <br />In Colorado, the Code of Judicial Conduct ("Canons"), as well as the Colorado Rules of Civil <br />Procedure ("Rules"), statutes and case law, all emphasize the importance ofmaintaining the integrity <br />of our judicial system by prohibiting judicial conduct that demonstrates bias or prejudice, or even <br />an appearance of bias or prejudice. Canon 1 of the Colorado Code of Judicial Conduct reinforces <br />these values by stating that a Judge should uphold the integrity and iridependence of the judiciary. <br />The Canon explains that "[a]n independent and honorable judiciary is indispensable to justice in our <br />society. ... The provisions of [the Code of Judicial Conduct] should be construed and applied to <br />further that obj ective." The Canons, Rules, statutes and case law provide a framework within which <br />judges, litigants, and the public at large can be assured that there is no judicial bias or prejudice; or <br />even an appeaxance of partiality or unpropriety, in consideration o.f individual cases or in the judicial <br />system as a whole. <br />In some circumstances, disqualification is mandated becau.se the appearance of bias or <br />prejudice is simply too great to be overcome, regardless of the integrity and good faith of the judge. <br />Thus C.R.S. § 13-1-122 and C.R.C.P. 97 require disqualification of judges who have an "interest," <br />or are "prejudiced," or who have been counsel, material witnesses, or otherwise closely involved <br />5