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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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picture and an article by him have been on the cover of that newsletter at least seven times since <br />1986, including the Spring `97 and the Spring `99 issues since he joined the Supreme Court. <br />Affidavit, ¶ 4, and articles attached thereto. He even served for some period as the editor of the <br />"Water Legal News," a publication of the CWC. Td. He has also been a frequent lecturer at CWC <br />functions, and has for many years, including since joining the Supreme Court, given a lecture <br />titled "The History of Colorado Water Law" at the CWC's annual water law seminar. Affidavit, <br />¶ 5. <br />Golden is not unmindful of Code of Judicial Conduct Cannon 4(A) which encourages a <br />Judge to "speak, write, lecture, teach, and participate in other activities concerning the law ...." <br />The caveat to that direction, however, is that those activities may "not compromise his or her <br />capacity to decide impartially any issues that may come before the judge." Canon 4. The CWC <br />is not a neutral educational body, but an active lobbying organization for certain water interests. <br />Even so, the teaching and writing that Justice Hobbs has done for the CWC would not be a <br />problem if the CWC had not asked to be a party in this case. Where it has made that request, and <br />where it has filed an extensive brief in support of Appellants, Justice Hobbs' prior representation <br />of the CWC and his other strong connections to that organization present a totality of <br />circumstances that create at least the appearance of possible bias or prejudice and disqualification <br />is therefore required. <br />C. Prior representation of Northern in City of Thornton v. Cites of Ft. Collins, <br />830 P.2d 915 (Colo. 1992) -- a case that has become part of the matter in <br />controversy in this appeal. <br />Before joining the Supreme Court, Justice Hobbs represented Northern in its opposition <br />to the recreation water right at issue in City of Thornton v. City of Ft. Collins, 830 P.2d 915 <br />Ph0438 6 <br />
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