(1) A judge of a court of record shall be disqualified to hear or try a case if:
He is related to the defendant or to any attorney of record or attorney otherwiseengaged in the case; or
The offense charged is alleged to have been committed against the person or propertyof the judge or of some person related to him; or
He has been of counsel in the case; or
He is in any way interested or prejudiced with respect to the case, the parties, orcounsel.
Any judge who knows of circumstances which disqualify him in a case shall, on hisown motion, disqualify himself.
A motion for change of judge on any ground must be verified and supported by theaffidavits of at least two credible persons not related to the defendant, stating facts showing the existence of grounds for disqualification. If the verified motion and supporting affidavits state facts showing grounds for disqualification, the judge must enter an order disqualifying himself. After disqualifying himself, the judge may require a full hearing upon the issues raised by the affidavits and shall request that another judge conduct the hearing. The other judge shall make findings of fact with regard thereto, and such findings shall be included as a part of the trial court record.
The disqualified judge shall certify the need for a judge to the chief justice of theColorado supreme court, who shall assign a judge to the case.
The term "related", when used in this section, means related within the third degreeby blood, adoption, or marriage.
Source: L. 72: R&RE, p. 219, § 1. C.R.S. 1963: § 39-6-201.