Zoline v. Telluride

28 Citing cases

  1. Creek Ranchers v. McNichols

    165 P.3d 244 (Colo. 2007)   Cited 13 times
    Affirming that an attorney was being "stubbornly litigious" where he brought "repetitive arguments lack[ing] substantial justification and lengthened the water court proceeding"

    "In a civil case, the trial judge's decision whether to disqualify himself or herself is discretionary and will not be reversed unless an abuse of discretion is shown." Zoline v. Telluride Lodge Ass'n, 732 P.2d 635, 639 (Colo. 1987). A judge may recuse himself or herself sua sponte without written explanation or specific findings on the record.

  2. Aetna Cas. and Sur. Co. v. Berry

    669 So. 2d 56 (Miss. 1996)   Cited 130 times
    In Berry, the Mississippi Supreme Court held that an insurer has a duty to explain statutory requirements and options for uninsured motorist coverage to a potential insured before the potential insured purchases uninsured motorist coverage.

    Atkinson Dredging Company v. Henning, 631 So.2d 1129 (Fla.App. 1994). The Atkinson Court relied upon Smith and Potashnick and made reference to Zoline v. Telluride Lodge Association, 732 P.2d 635 (Col. 1987) and In re Fiftieth District Court Judge, 193 Mich. App. 209, 483 N.W.2d 676 (1992). While a business relationship with a law firm was an issue in Zoline the court did not reach that.

  3. Rogers v. Bradley

    909 S.W.2d 872 (Tex. 1995)   Cited 35 times
    Noting that issue is one of perception

    " Facts are required; conclusory statements, conjecture, and innuendo do not suffice. Zoline v. Telluride Lodge Ass'n, 732 P.2d 635, 639 (Colo. 1987) (citations omitted). Accord Livingston v. State, 441 So.2d 1083, 1086 (Fla. 1983); Smith v. State, 250 Ga. 438, 298 S.E.2d 482, 483 (1983).

  4. People ex rel. A.G.

    264 P.3d 615 (Colo. App. 2010)   Cited 5 times
    Recognizing that if the court intended to terminate parental rights under section 19–3–604(c), it needed to find that the Department made reasonable efforts to reunify the family, but if it intended to terminate parental rights under section 19–3–604(b), it needed to find that no treatment plan could be developed for the parent

    " Although the trial judge believes in his own impartiality, it is the court's duty to ‘ eliminate every semblance of reasonable doubt or suspicion that a trial by a fair and impartial tribunal may be denied.’ " Pierce v. United Bank, 780 P.2d 6, 7 (Colo.App.1989) (quoting Zoline v. Telluride Lodge Ass'n, 732 P.2d 635, 639 (Colo.1987)). Thus, in assessing the sufficiency of the motion and affidavits, the judge must consider the appearance of bias, for the integrity of the judicial process is impaired when the public perceives partiality on the part of a judge.

  5. In Interest of S.G

    91 P.3d 443 (Colo. App. 2004)   Cited 29 times
    Noting that a judge's ruling on a legal issue or the opinions formed against a party are not bases for disqualification

    "In a civil case, the trial judge's decision whether to disqualify himself or herself is discretionary and will not be reversed unless an abuse of discretion is shown." Zoline v. Telluride Lodge Ass'n, 732 P.2d 635, 639 (Colo. 1987). However, on appeal, a trial court's determination of the legal sufficiency of a motion and affidavit to disqualify is subject to an independent review.

  6. Sanders v. People

    549 P.3d 947 (Colo. 2024)   Cited 3 times

    A.G., 262 P.3d at 650 ("Recusal may result from either allegations of actual bias or allegations of a mere appearance of impropriety. …"); People v. Gallegos, 251 P.3d 1056, 1063 (Colo. 2011) (stating that "the standard for granting a motion for disqualification goes beyond a search for actual bias, and instead requires disqualification of any judge whose impartiality might reasonably be questioned"); Estep v. Hardeman, 705 P.2d 523, 526 (Colo. 1985) ("[E]ither actual prejudice on the part of the trial judge or its mere appearance can require the disqualification of that judge."); see also People v. Julien, 47 P.3d 1194, 1197 (Colo. 2002) ("Section 16-6-201, Crim. P. 21(b), and Canon 3 set forth Colorado standards by which a judge determines sua sponte or in response to a motion whether to disqualify himself or herself from the case."); Zoline v. Telluride Lodge Ass’n, 732 P.2d 635, 639 (Colo. 1987) ("When assessing the grounds for disqualification raised in a motion, the judge must consider the Code of Judicial Conduct as well as the statutes and procedural rules."). The People’s position would have us overrule this lengthy body of case law, but we perceive no justifiable reason for doing so.

  7. Frase v. Barnhart

    379 Md. 100 (Md. 2003)   Cited 83 times
    Determining that an order declining to strike conditions requiring a parent to apply for and obtain housing at a specified location and weekend visits with a sibling whom the parent did not maintain physical or legal custody "significantly infringe[d] on and thus acts as a substantial, albeit partial, deprivation of the parent's legal and physical custody."

    364 F.2d 225, 227 (6th Cir. 1966), the court noted that "[w]hile it is certainly the better practice to specifically rule on all pending motions, the determination of a motion need not always be expressed but may be implied by an entry of an order inconsistent with the granting of the relief sought." See also Malbon v. Pennsylvania Millers Mut. Ins. Co., 636 F.2d 936, 939 n. 8 (4th Cir. 1980) (same); Mosier v. Federal Reserve Bank of N.Y., 132 F.2d 710, 712 (2nd Cir. 1942) (citing 42 Corpus Juris 511 for the proposition that "the entry of an order inconsistent with granting the relief sought is a denial of the motion"); Norman v. Apache Corp., 19 F.3d 1017, 1021 (5th Cir. 1994) (denial of motion, though not formally expressed, "may be implied by the entry of a final judgment or of an order inconsistent with the granting of the relief"); Cohen v. Curtis Publishing Co., 333 F.2d 974 (8th Cir. 1964); Toronto-Dominion Bank v. Central National Bank Trust Co., 753 F.2d 66 (8th Cir. 1985); Zoline v. Telluride Lodge Association, 732 P.2d 635 (Colo. 1987). The Court of Special Appeals has held likewise in a number of cases.

  8. People v. Julien

    47 P.3d 1194 (Colo. 2002)   Cited 40 times
    Holding that "a judge must disqualify himself or herself sua sponte or in response to a disqualification motion, if facts exist tying the judge to personal knowledge of disputed evidentiary facts concerning the proceeding, some supervisory role over the attorneys who are prosecuting the case, or some role in the investigation and prosecution of the case during the judge's former employment" as a prosecutor

    A judge must also consider the Code of Judicial Conduct sua sponte or in response to a disqualification motion in determining whether to serve on the case. Zoline v. Telluride Lodge Ass'n, 732 P.2d 635, 639 (Colo. 1987). Julien's challenge to Judge Schwartz's service did not turn in any way on a claim of actual bias or prejudice, or on any other basis under section 16-6-201(3), Crim. P. 21(b)(3), and Canon 3, apart from Judge Schwartz's prior association with the District Attorney's Office.

  9. State v. Putnam

    164 Vt. 558 (Vt. 1996)   Cited 13 times
    Recognizing that administrative judge has discretion in deciding disqualification issues, and Court reviews for "abuse of discretion, that is, if the record reveals no reasonable basis for the decision"

    Moreover, the questioning of the judge's impartiality must not be based on unsupported opinion, baseless conclusions or rumors. See State v. Hunt, 147 Vt. 631, 631, 527 A.2d 223, 223 (1987); Maier v. Orr, 758 F.2d 1578, 1583 (Fed. Cir. 1985); Zoline v. Telluride Lodge Ass'n, 732 P.2d 635, 639 (Colo. 1987). Media reports are not a proper basis for a recusal motion.

  10. Matter of Means

    452 S.E.2d 696 (W. Va. 1994)   Cited 2 times

    " 193 Mich. App. at 214, 438 N.W.2d at 679 (1992) A slightly different pattern existed in Zoline v. Telluride Lodge Ass'n, 732 P.2d 635 (Colo. 1987), where the trial judge owned controlling interest in a bank in which the Telluride Lodge Association was a substantial depositor. The Telluride Lodge was a condominium association that had sued to foreclose liens against various owners of units.