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"Courts must meticulously avoid any appearance of partiality, not merely to secure the <br />confidence of the litigants immediately involved, but `to retain public resp ect and secure willing a.rid <br />ready obedience to their judgments. "' People v. District Courtln and For Third Judicial Dist., 192 <br />Colo. 503, 508, 560 P.2d 828, 831-32 (1977) (citingNoYdloh v. PackaYd, 45 Colo. 515, 521, 101 P. <br />787, 790 (1909)). Upper Gunnison, a local government entity, must itself be confident, and must <br />be able to assure its taxpaying constituents, that this appeal will be reviewed fairly and impartially <br />on its merits. Here, Justice Hobbs' recusal in the Golden cases, his past.involvement in Fort Collins, <br />the very case that is ta be interpreted here, and his recent extrajudicial statements all create the <br />appearance of a positional bias which, under the circumstances, mandates his disqualification. <br />M. THE TOTALITY OF CIRCUMSTANCES CREATES THE APPEARANCE THAT <br />JUSTYCE HOBBS HAS A POSITIONAL BIAS REGARDING RECREA.TIONAL IN- <br />CHANNEL WATER RIGHTS. <br />A. Justice Hobbs Participated as an Attorney in. Fort Collins, and the CWCB <br />Echoes his Arguments. in .this Appeal. <br />Prior to his appointrnent to the Supreme Court, Justice Hobbs participated actively in FoYt <br />Collins as counsel for Northern Colorado Water Conservancy District ("Northern"), his then long- <br />standing client.' In the appeal of that case, Justice Hobbs asserted that the water court properly <br />752. Although this situation more often arises when judicial applicants are asked to express their <br />views on particular issues that will come before them if they are chosen as judges, in the case of <br />both applican.ts and judges, "[i]t is a delicate matter ... to express those views in generalities <br />while still preserving tlie ability to hear individual cases without being zightfully accused of <br />having prejudged the outcome." See Kourlis, supra at 750. <br />' Justice Hobbs represented Northem; for most, if not all, of his seventeen-year career in <br />private practice. Covell aff. ¶. 2, Attachment B.