People in the Interest of A.P.

2022 CO 24. No. 22SA6. Right to Relief from Judgment—Nature and Scope of Remedy—Bias and Prejudice.

June 6, 2022

In this original proceeding, the Supreme Court reviewed the district court’s order setting aside the adjudication and termination orders entered against A.P.’s parents, S.S. and D.P. (collectively, parents) under CRCP 60(b)(5). Because parents failed to show that former Judge Chase was actually biased in their case, and because Rule 60(b)(5) is reserved only for extraordinary circumstances not present here, the Court concluded that the district court misconstrued the law concerning impropriety and bias and misapplied the Rule 60(b)(5) standard. Therefore, it abused its discretion in setting aside the adjudication and termination orders entered against parents.

The rule was made absolute and the case was remanded for further proceedings consistent with this opinion.