Colorado Judicial Ethics Advisory Board (cjeab), Advisory Opinion 2012-02

• Publication year: 2012
• Pages: 137
• Citation: Vol. 41 No. 7 Pg. 137

41 Colo.Law. 137 Colorado Bar Journal 2012.

2012 July , Pg. 137. Colorado Judicial Ethics Advisory Board (CJEAB), Advisory Opinion 2012-02

The Colorado Lawyer
July 2012
Vol. 41, No. 7 [Page137]

From the Courts Court Business

Colorado Judicial Ethics Advisory Board (CJEAB), Advisory Opinion 2012-02

Visit the related court's website for complete text of rule changes or proposed rule changes issued by the court. Each court's website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submitted by the court and has not been edited by the staff of The Colorado Lawyer.

Colorado Judicial Department Colorado Supreme Court Judicial Ethics Advisory Board Opinion Colorado Judicial Ethics Advisory Board (CJEAB) Advisory Opinion 2012-02 Finalized and Effective May 30 2012

ISSUE PRESENTED:

The requesting judge is a county court judge in a rural district. The judge's spouse is the managing attorney of the regional office of Colorado Legal Services (CLS), and in that capacity supervises the other attorney in the CLS office. The judge recuses from cases in which the judge's spouse enters an appearance, and requested an advisory opinion regarding whether the judge also must recuse from cases in which an attorney who is supervised by the judge's spouse has entered an appearance.

CONCLUSION:

The judge should recuse from cases in which an attorney supervised by the judge's spouse enters an appearance.

APPLICABLE PROVISIONS OF THE COLORADO CODE OF JUDICIAL CONDUCT

Canon 1 of the Code of Judicial Conduct provides that "A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."

Rule 1.2 requires judges to "act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary," and to "avoid impropriety and the appearance of impropriety."

Canon 2 provides that "A judge shall perform the duties of judicial office impartially, competently, and diligently."

Rule 2.2 provides that a judge "shall perform all duties of judicial office fairly and impartially."

Rule 2.4(B) provides that "A judge shall not permit family, social, political, financial, or other interests or relationships to influence the judge's judicial conduct or judgment."

Rule 2.4(C) provides that "A judge shall not convey or permit others to convey the impression that any person or organization is in a position to influence...