HomeMy WebLinkAbout2017CV01 - HOFFMAN & HUNT V. CITY OF FORT COLLINS, ET AL - 020 - ORDER RE: DISQUALIFICATIONFort Collins Municipal Court
214 N. Mason
Fort Collins, Colorado 80521 �� VQ
(970)221-6800 G
Plaintiff Colleen Hoffman, et al., Uti1CIPALCO �
FdR� COLIINS M
V.
Defendants: City Council of the City of Fort Collins, et al. Court Use Only
Case No.: 2017CIVIL01
ORDER RE: DISQUALIFICATION
The Court, having reviewed the parties' submissions, applicable rules of procedure
and case law, hereby FINDS and ORDERS as follows:
1. The Plaintiffs filed a motion for disqualification pursuant to C.R.C.P. 97 and expansion of
time for filing, opening brief. Plaintiffs allege two bases for disqualification: this Court's prior
employment as an assistant city attorney for the City of Fort Collins and the Court's current
employment status as an appointee of one of the Defendants (City Council of the City of Fort
Collins) in this action. The motion was not accompanied by affidavit as required by Rule 97.
2. A vial judge has the duty to preside over matters before her so long as there is no valid
reason for disqualification. Brd of Cnly Com'rs v Blanning, 479 P.2d 404 (Colo. App.1970). This
Court's prior employment with the City Attorney's Office, without further showing that such
employment was somehow related to or involved the subject matter of the litigation at hand, is not
sufficient to require disqualification under Rule 97. Id.
3. A trial judge also has the duty to ensure a fair and impartial hearing for litigants. In
addition, "[c]ourts must meticulously avoid any appearance of partiality, not merely to secure the
confidence of -the litigants immediately involved, but to retain public respect and secure willing and
ready obedience to their judgments." Wood Bros. Homes v. City of Fort Collins, 670 P.2d 9 (Colo.
App. 1983). See also Colo. CJC Canon 1 ("A judge shall uphold and promote the independence,
integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of
impropriety.").
4. Though the Plaintiffs did not file an affidavit in support of their motion for
disqualification, a court is nevertheless empowered to disqualify himself or herself even though
procedural rules, such as the filing of an affidavit with a motion for disqualification, have not been
properly followed. People ex rel. A.E.L., 181 P3d 1186 (Colo. App. 2008). A court may recuse or
disqualify herself "in a proceeding in which a judge's impartiality may be reasonably questioned."
ra.
5. This Court is impartial and harbors no actual bias for or against any of the parties to
this litigation. However, I find that due to the appearance of partiality occasioned by the fact that
one of the Defendants in this litigation is this Court's employer, disqualification is appropriate.
6. It is hereby ORDERED that this matter is referred to Judge Lane for assignment of a
temporary judge pursuant to Resolution 2017-34.
Dated this 10' day of July, 2017.
WMIC4Iio
By:
Teresa Ablao, Assistant Municipal Judge
CERTIFICATE OF SERVICE
I certify that on 2017,1 served the above and forgoing ORDER
Re: Disqualification to the folOving persons via electronic mail as follows:
Plaintiffs:
Cohen Hoffman
colloff(&0racastalet
Intervenors:
Martha Fitzgerald
mfitzaetit ld @bhfs.com
Defendants:
Kimberly B. Schutt
kschutt(u�wicklari .com
Rick Hoffman Ann Hunt
Rick-ltoffniartt�t;comcast.net AR144geomcast.inet
Carolynne C. White
cWhiteA-blfs.coln
John R. Duval
Gina L. Tincher
g fineher(a)bhfs.com
jtiiL
Klerkhe Court
RESOLUTION 2017-034
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITIESOF FORT COLLINS, LOVELAND AND GREELEY FOR THE
EXCHANGE OF JUDICIAL SERVICES, AND APPOINTING TEMPORARY JUDGES
WHEREAS, on occasion, Municipal Judges may be prevented from sitting on the bench
by reason of personal conflict of interest, illness, vacation, or other reasons, and the Assistant
Municipal Judge presiding over and conducting the Municipal Court in such event, may also be
unavailable; and
WHEREAS, in order to provide cost-effective special judicial services to temporarily
replace the services of its Municipal Judge in the event of a conflict of interest or other
circumstance, the City should cooperatively exchange the services of the City's Municipal Judge
with those of other entities; and
WHEREAS, Article VII, Section I of the City Charter sets forth the requirements for the
appointment of the Municipal Judge and temporary judge, including that the temporary judge be
a reputable and qualified attbmey; and
k
WHEREAS, the City Council has. the authority to designate reputable and qualified
attorneys to serve as temporary judges through calendar year 2018; and
WHEREAS, the City Council recognizes that the Loveland Municipal Judge, the
Honorable Geri Joneson, and the Greeley Municipal Judge, the Honorable' Brandi Nieto, are
reputable and qualified attorneys; and
WHEREAS, City staff has discussed with Loveland and Greeley's representatives the
proposed terms of an intergovernmental agreement providing for the exchange of judicial
services if needed to temporarily substitute when a Municipal Judge and temporary or assistant
judges are unavailable, including the provision- of replacement judicialservices and
compensation for costs directly incurred to provide such services; and
WHEREAS, pursuant to Colorado Revised Statutes Section 29-1-203, governments may
cooperate or contract with one another to provide any function or service lawfully authorized to
each of the cooperating or contracting units of government; and
WHEREAS,'the City Council has determined that it is in the best interests of the City that
the Mayor be authorized to execute an intergovernmental agreement between the City, Greeley
and Loveland in support thereof; and
WHEREAS, the proposed intergovernmental agreement would replace and supersede an
existing agreement between the same parties dated January 18, 1994.'
NOW, THEREFORE, BE. IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
-1-
Section 1_ That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That City- Council hereby authorizes the Mayor, to execute an
intergovernmental agreement between the City, the City of Loveland and the City of Greeley,
consistent with this Resolution, for the purpose of appointing Judge Geri Joneson and Judge
Brandi Nieto as the temporary judges for Fort Collins, with such language as the City Manager,
in consultation with the City Attorney, determines necessary and appropriate to protect the
interests of the City or further the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of March, A.D. 2017.
F c0Rrc "
SEAL '`� Mayor
ATTEST:
cOLORA�Q
City CIerk
hi
J
1