The People of the State of Colorado, Plaintiff-Appellant: v. Toby Joseph Chapman. Defendant-Appellee:

Summary

The court reversed the district court's order disqualifying the entire district attorney's office from prosecuting Chapman. It held that the prosecutor's routine appearances before the judge who was an alleged victim, the office's proximity to the judge's chambers, the office's witness list, and the judicial bench's recusal did not establish the extreme special circumstances required for disqualification. Because Chapman failed to present actual facts and evidence showing that he was unlikely to receive a fair trial, disqualification was improper.