People v. Loper
241 P.3d 543
| Colo. | 2010Background
- Loper was charged with four counts of sexual assault in El Paso County, Colorado, after an incident with F.R. on November 24, 2007.
- F.R. was intoxicated and could not recall the events; Richardson, a probation officer, provided information used to support probable cause for arrest and charges.
- Loper moved to disqualify the district attorney and appoint a special prosecutor due to Richardson's role and proximity to the DA's office.
- Richardson allegedly had a strained relationship with Loper and involvement with the DVERT team; defense claimed she wielded influence over prosecution decisions.
- The trial court granted disqualification, citing Richardson's influence and other factors creating a 'bad smell' surrounding the case.
- The People appealed, arguing there were no 'special circumstances' showing unfair trial risk and that the court abused its discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether special circumstances existed to disqualify the DA. | Loper (People) contends no special circumstances exist. | Loper argues special circumstances render a fair trial unlikely due to Richardson's involvement. | No special circumstances found; insufficient to show unfair trial. |
| Whether the trial court abused its discretion in disqualifying the DA. | People asserts proper discretion given lack of extreme circumstances. | Loper argues disqualification was warranted by appearance and influence concerns. | Abuse of discretion; reversal of disqualification order. |
| Does the 2002 statutory change to § 20-1-107(2) limit disqualification to enumerated circumstances rather than appearance of impropriety? | People rely on the enumerated list and case law interpreting it. | Loper favors strict adherence to enumerated grounds; appearance is no longer controlling. | Statute enumeration controls; appearance alone not sufficient. |
Key Cases Cited
- People v. Chavez, 139 P.3d 649 (Colo.2006) (special circumstances when confidential information related to case may render unfair trial)
- People v. Manzanares, 139 P.3d 655 (Colo.2006) (confidential information within DA's office may create special circumstances)
- People v. N.R., 139 P.3d 671 (Colo.2006) (appearance-based disqualification rejected; enumerated grounds control)
- People v. Perez, 201 P.3d 1220 (Colo.2009) (statutory interpretation; enumerated grounds are exclusive)
- Dunlap v. People, 173 P.3d 1054 (Colo.2007) (special circumstances must be extreme to justify disqualification)
- People v. C.V., 64 P.3d 272 (Colo.2003) (appearance of impropriety insufficient after statute change)
- People v. Lincoln, 161 P.3d 1274 (Colo.2007) (prior representation of the victim not alone disqualifying)
- In re Harlan, 54 P.3d 871 (Colo.2002) (disqualification as a drastic remedy; narrow application)