"The practice of requiring a judge to testify regarding matters arising in a trial over which the judge previously presided should be 'sparingly used and only when the proponent of the evidence shows that the judge’s testimony is not only relevant but also necessary to prove a material element of the case,'" Justice Richard L. Gabriel wrote for the seven-judge panel.
December 27, 2022 at 12:26 PM
5 minute read
A state district court abused its discretion when it attempted to compel a judge to testify in a contempt of court proceeding, the Colorado Supreme Court unanimously held Dec. 19.
The state high court agreed with 21st Judicial District Judge Matthew D. Barrett’s motion to quash a subpoena compelling him to sit for a deposition in his judicial capacity. The panel said it was not convinced that Barrett possessed factual knowledge pertinent to the contempt charge against Tina Peters.
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