People Ex Rel. Ag
262 P.3d 646
Colo.2011Background
- In a dependency and neglect case, four of Mother's children were taken into custody after a four-year-old died from abuse in Mother's home.
- Mother was charged with child abuse; the district court terminated parental rights in April 2009 after a termination hearing.
- The court clerk assists the judge and is the mother of the Department's key witness (the caseworker).
- Mother moved to disqualify the judge for appearance of impropriety based on the clerk-caseworker relationship; she also challenged the adequacy of trial counsel and sought new proceedings.
- The Court of Appeals reversed for recusal due to appearance of impropriety but found the motion untimely and remanded to evaluate ineffective assistance of counsel, which this court vacates.
- The Supreme Court holds that the untimeliness and lack of prejudice defeat an ineffective-assistance claim and that the case should remand to proceed consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does appearance of impropriety require recusal in this case? | Mother argues clerk-witness relationship creates appearance of impropriety against judge. | State contends appearance alone does not prove actual bias; disqualification hinges on prejudice or actual bias. | Appearance alone insufficient; no need to recuse based on untimely claim and lack of prejudice. |
| Can ineffective assistance of counsel be premised on failure to file a timely disqualification motion in a termination proceeding? | Mother contends counsel's delay prejudiced outcomes by failing to move for recusal. | State argues prejudice requires actual bias; mere appearance cannot prove prejudice and Strickland-like prejudice applies only with actual bias. | Prejudice requires actual bias; without it, ineffective-assistance claim fails. |
| Was Mother's disqualification motion timely and properly raised, or is there waiver? | Mother asserts timely notice given prior knowledge; timely filing required to preserve the issue. | State maintains untimely filing constitutes waiver and should not be considered after adverse judgment. | Motion untimely; waiver applies; no remand for reconsideration of disqualification. |
Key Cases Cited
- People v. Gallegos, 251 P.3d 1056 (Colo.2011) (appearance of impropriety protecting public confidence in judiciary)
- People v. Julien, 47 P.3d 1194 (Colo.2002) (actual bias requires disqualification; depends on personal bias)
- People v. Garcia, 815 P.2d 937 (Colo.1991) (prejudice standard for ineffective assistance in some contexts)
- Aaberg v. Dist. Court, 136 Colo. 525 (1957) (timeliness and waiver considerations for disqualification motions)
- Holland v. Bd. of Cnty. Comm'rs, 883 P.2d 500 (Colo.App.1994) (untimely recusal motions and waiver considerations)