Change of Venue and Disqualification of Judge

C.R.S. tit. 16, art. 6

in effect

C.R.S. § 16-6-101 Grounds for change of venue

16-6-101. Grounds for change of venue. (1) The place of trial may be changed: (a) When a fair trial cannot take place in the county or district in which the trial is pending; or (b) When a more expeditious trial may be had by a change in the place of trial from one county to another; or (c) When the parties stipulate to a change in the place of trial to another county in the same judicial district or to a county in an adjoining judicial district.

C.R.S. § 16-6-102 Motion for change of venue

16-6-102. Motion for change of venue. (1) A motion for change of venue must be accompanied by one or more affidavits setting forth the facts upon which the defendant relies or by a stipulation of the parties. (2) Whether circumstances exist requiring, in the interest of justice, a change in the place of trial is a question to be determined by the court in its sound discretion.

C.R.S. § 16-6-103 Change of venue where offense committed in two or more counties

16-6-103. Change of venue where offense committed in two or more counties. Where a prosecution has been commenced in one county, the court, for good cause shown, may transfer the proceeding to another county within the same judicial district if it is shown that the offense was committed in more than one county within the same judicial district and if the court is satisfied that the interests of justice would be served by transferring the action to the other county.

C.R.S. § 16-6-103.5 Plea of guilty to offenses committed in two or more counties

16-6-103.5. Plea of guilty to offenses committed in two or more counties. (1) Any person charged with crimes in more than one county of this state may apply to the district attorney of one of said counties to be charged with all crimes so that he may enter into a disposition and be sentenced for them in that single county. The application shall contain a description of all charged crimes and the name of the county in which each was committed. (2) Upon receipt of the application, the district attorney shall prepare an information charging all the charged crimes and naming in each count the county where each was committed. He shall send a copy of the information to the district attorney of each other county in which the defendant stands charged, together with a statement that the defendant has applied to enter into a disposition in the county of application. Upon receipt of the information and statement, the district attorney of the other county may execute a consent in writing allowing the defendant to enter a plea of guilty in the county to which application has been made to the crime charged in the information and committed in the other county and send it to the district attorney who prepared the information. (3) If necessary, the district attorney shall amend the information so that it includes only the offenses for which he has received written consent from the district attorney of other counties, and he shall file the information in any court of his county having jurisdiction to try or accept a plea of guilty to the most serious crime alleged therein. The defendant then may enter a plea of guilty to all offenses alleged to have been committed in the county where the court is located and to all offenses alleged to have been committed in other counties as to which consents have been executed pursuant to subsection (2) of this section. Before entering his plea of guilty, the defendant shall waive in writing any right to be tried in the county where the crime was committed. The district attorney of the county where the crime was committed need not be present when the plea is made, but his written consent shall be filed with the court. (4) Thereupon the court shall enter such judgment, the same as if all the crimes charged were alleged to have been committed in the county where the court is located, whether or not the court has jurisdiction to try all those crimes to which the defendant has pleaded guilty under this section. (5) The clerk of the court in the county where the plea is made shall file a copy of the judgment of conviction with the clerk in each county where a crime covered by the plea was committed. The district attorney in each of said counties shall then move to dismiss any charges covered by the plea of guilty which are pending against the defendant in his county, and the same shall thereupon be dismissed.

C.R.S. § 16-6-104 Application of rules of criminal procedure

16-6-104. Application of rules of criminal procedure. Except as otherwise provided by sections 16-6-101 to 16-6-103, the filing of an application for change of venue and all proceedings relating thereto are governed by the provisions of applicable rules of criminal procedure adopted by the supreme court of Colorado.

C.R.S. § 16-6-201 Disqualification of judge

16-6-201. Disqualification of judge. (1) A judge of a court of record shall be disqualified to hear or try a case if: (a) He is related to the defendant or to any attorney of record or attorney otherwise engaged in the case; or (b) The offense charged is alleged to have been committed against the person or property of the judge or of some person related to him; or (c) He has been of counsel in the case; or (d) He is in any way interested or prejudiced with respect to the case, the parties, or counsel. (2) Any judge who knows of circumstances which disqualify him in a case shall, on his own motion, disqualify himself. (3) A motion for change of judge on any ground must be verified and supported by the affidavits 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. (4) The disqualified judge shall certify the need for a judge to the chief justice of the Colorado supreme court, who shall assign a judge to the case. (5) The term "related", when used in this section, means related within the third degree by blood, adoption, or marriage.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.docxFetched: 10/6/2026