Judicial Disqualification In Civil Actions

Currently, under the Colorado rules of civil procedure, a party may file a motion and affidavit to disqualify a judge for specified reasons. The bill establishes a process for an automatic interlocutory appeal if the motion:

• Is supported by an affidavit stating facts establishing grounds for disqualification; and
• Is filed within 21 days after the assignment of the judge or the appearance of a party giving rise to the basis for disqualification.

For the interlocutory appeal of an order denying the motion, a petition for review must be filed within 7 days after the order.

The bill directs the Colorado supreme court to promulgate rules concerning the interlocutory appeal.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)