Motion to Disqualify Mr. Sharp and Strike the Sharp Tubing Statement

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3. Mr. Sharp has served on the Upper Yampa Water Conservancy District since 1977, and is currently the President of the Board of Director's for that District. (Affidavit of Counsel, ¶ 3.) The Upper Yampa Water Conservancy District has filed a statement of opposition in Water Court to the City's RICD claim, and has also requested party status and filed a prehearing statement in opposition to the City's RICD claim in these proceedings before the CWCB. 4. Senate Bi1101-216 ("SB-216") requires the CWCB to sit in a quasi-judicial advisory capacity to the Water Court in reviewing the City's RICD. Where an administrative proceeding is quasi-judicial in character, board members should be treated as the equivalent of judges for purposes of disqualification. See, Wells v. Del Norte Sch. Dist. G7, 753 P.2d 770 (Colo. App. 1987). Administrative agencies are obligated, as are courts, "to be fundamentally fair to the individual in the resolution of a legal dispute involving governmental action that threatens to deprive an individual of a significant property interest." deKoevend v. Bd. ofEduc., 688 P.2d 219, 227 (Colo. 1984). 5. The standards for judicial disqualification that must be applied to Mr. Sharp in this matter include C.R.C.P. 97, which states: "A judge shall be disqualified in an action in which he is interested or prejudiced, or has been of counsel for any party, or is so related or connected with any party or his attornev as to render it im?roper for him to sit on the trial, gppeal, or other proceediniz therein." (Emphasis added.) Colorado Revised Statute § 13- 1-122 directs in pertinent part: A judge shall not act as such in any of the following cases: In an action or proceeding ... in which he is interested ... or when he has been attorney or counsel for either party in the action or proceeding, unless by consent of all parties to the action. C.R.S. § 13-1-122 (emphasis added.) The Code of Judicial Conduct also applies. See, Smith v. Beckman, 683 P.2d 1214, 1216 (Colo. App. 1984). Code of Judicial Conduct Canon 3(C) states in pertinent part: (1) A judge should disqualify himself in a proceeding in which his impartialitX miizht reasonabl,y be questioned, including but not limited to instances where: (a) A judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiarv facts concerning the proceeding. (Emphasis added.) 6. The statutory procedure for disqualification of an administrative adjudicator is set forth at C.R.S. § 24-4-105(3), which simply requires timely filing of a supporting affidavit alleging the appearance of bias. The factual basis for this motion is established in the Tm1415 -2-