(1) If a judge or former judge of a district court is a party in his or her individual and private capacity in a case that is to be tried within any district court in the same judicial district in which the judge or former judge is or was a judge of a district court, any party to the case may file a timely motion requesting that the judge who is appointed to preside over the case recuse himself or herself from the case.
If a district court receives a motion filed by a party pursuant to subsection (1) of thissection, the judge who is appointed to preside over the case shall recuse himself or herself if he or she is a judge of a district court in the same judicial district in which the judge or former judge who is a party to the case in his or her individual and private capacity is or was a judge of a district court.
If a judge recuses himself or herself pursuant to subsection (2) of this section, thechief justice of the Colorado supreme court or his or her designee shall appoint a judge from outside the judicial district to preside over the case.
The provisions of this section shall not apply to a water judge or referee when he orshe is acting within his or her exclusive jurisdiction over water matters pursuant to section 3792-203, C.R.S.
Source: L. 2008: Entire section added, p. 435, § 1, effective August 5.