Although the Colorado Supreme Court acknowledged on Monday that a Saguache County judge was disqualified by law from presiding over a criminal case because she briefly represented the defendant before her appointment to the bench, a majority concluded there was nothing it could do because the defense knew about the conflict and stayed silent.
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The Colorado Supreme Court clarified on Tuesday that judges must recuse themselves when there is a "sufficiently high" probability an observer will deem them biased in a case, but an El Paso County defendant had not established his trial judge fell into that category.