People v. Knisley.

2022 CO 59. No. 22SA290. Judicial Testimony—Witness in a Separate Proceeding—Motion to Quash a Subpoena.

December 19, 2022

In this original proceeding under C.A.R. 21, the Supreme Court reviewed the district court’s orders denying Judge Barrett’s motion to quash a subpoena compelling him to sit for a deposition in his judicial capacity and his motion for a protective order. Here, on the undisputed facts and record before it, the Court cannot conclude that Judge Barrett’s testimony is necessary to the proceeding for which it is being sought. Therefore, the district court abused its discretion in compelling Judge Barrett to appear for a deposition. The rule to show cause was made absolute.