HB 17-1132

HB 17-1132, also known as the Judicial Disqualification In Civil Actions bill, makes it easier for people involved in civil cases to challenge a judge's impartiality. If someone believes a judge should not be presiding over their case due to bias or conflict of interest and can provide evidence supporting this belief within 21 days of the judge being assigned or a new party joining the case, they can request that the judge be removed. The bill also allows for an immediate appeal if such a motion is denied by the judge. This means that parties in civil cases now have more protection against unfair judicial decisions and a clearer process to challenge them. Since it has been signed into law, this new procedure is now active in Colorado courts.

Official Summary

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.)

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