Ritter signs judicial bill stemming from
Boulder 'land grab' case
Law would require some to step down in cases of
conflict
By Heath Urie
Tuesday, April 15, 2008
When requested, Colorado district and county court judges will be required to step down
from cases involving other current or former judges within the same district under a new
law signed by Gov. Bill Ritter on Monday.
House Bill 1193, sponsored by Boulder Democratic Rep. Claire Levy, is one of two bills
crafted by state lawmakers in the aftermath of a controversial Boulder land dispute.
The new law is scheduled to take effect Aug. 6.
It directs the Colorado Supreme Court to appoint a judge from outside the judicial district
in question once someone requests that a judge step down from such a case. Judges
exclusively handling municipal or water issues are exempt from the measure.
Levy said the law was prompted by Boulder's high-profile adverse-possession case, in
which Boulder District Judge James C. Klein awarded former judge Richard McLean and
his wife, attorney Edith Stevens, about 34 percent of one of their neighbors' two vacant
lots.
The neighbors -- Don and Susie Kirlin -- have not publicly criticized Klein's role in their
case, but other observers suggested there was an element of favoritism toward McLean,
who worked as a Boulder district judge for 15 years and was a former mayor of Boulder.
Last week, Levy called the new law a "black and white rule."
"I think it'll go a long way toward alleviating concerns people might have over the
appearance of impropriety," Levy said. "But I don't think there was an actual conflict in
the Kirlin/McLean-Stevens case."
A second bill aimed at changing the law of adverse possession is still awaiting Ritter's
approval.
Contact Camera Staff Writer Heath Urie at 303-473-1328 or urieh@dailycamera.com.