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Case No. 01SA252 Disclosure of Potential Conflicts of Justice Hobbs and Motion for Disqualification March 2002
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Case No. 01SA252 Disclosure of Potential Conflicts of Justice Hobbs and Motion for Disqualification March 2002
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Case No. 01SA252 Disclosure of Potential Conflicts of Justice Hobbs and Motion for Disqualification March 2002
State
CO
Date
3/27/2002
Author
Porzak, Glenn E.; Bushong, Steven J.; Holleman, P. Fritz
Title
Case No. 01SA252 Disclosure of Potential Conflicts of Justice Hobbs and Motion for Disqualification March 2002
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Nordloh v. Packard, 45 Colo. 515, 101 P. 787 (1909))(" Courts must meticulously avoid any <br />appearance of partiality, nor merely to secure the confidence of the litigants immediately <br />involved, but 'to retain public respect and secure willing and ready obedience to their <br />judgments. "'). As explained by the United States Supreme Court, "any tribunal permitted by law <br />to try cases and controversies not only must be unbiased but also must avoid even the appearance <br />of bias." Commonwealth Corp. v. Casualty Co., 393 U.S. 145, 150, 89 S.Ct. 337, 21. L.Ed.2d <br />301 (1968). <br />II. Facts raising the appearance of possible bias or prejudice. <br />A. Justice Hobbs' prior representation of and long association with the <br />Northern Colorado Water Conservancy District. <br />The Northern Colorado Water Conservancy District and its Municipal Subdistrict <br />(collectively "Northern") have filed an extensive amicus brief in support of the Opposer - <br />Appellants, the State and Division Engineers and the Colorado Water Conservation Board <br />(collectively the "State "). Prior to joining the Supreme Court, Justice Hobbs worked as an <br />attorney for Northern for most, if not all of his seventeen year career in private practice. As <br />Northern's attorney, he first served as its assistant general counsel, and then as its general <br />counsel until he was appointed to the Supreme Court in 1996. Affidavit attached hereto as <br />Exhibit 1, ¶'s 2 -4. <br />The published cases where Justice Hobbs appears as attorney of record for Northern span <br />a period of 15 years and include Aspen Wilderness Workshop, Inc. v. Colorado Water <br />Conservation Bd., 901 P.2d 1251 (Colo. 1995), Matter of Board of County Com'rs of County of <br />Arapahoe, 891 P.2d 952 (Colo. 1995), Dominguez Reservoir Corp. v. Feil, 854 P.2d 791 (Colo. <br />1993), and City of Thornton v. City of Fort Collins, 830 P.2d 915 (Colo. 1992). In the federal <br />Ph0438 3 <br />
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