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OSBORN v. DISTRICT COURT, FOURTEENTH JUDICIAL DISTRICT

Nos. 80SA205, 80SA164.

619 P.2d 41 (1980)

Sterling Leroy OSBORN, Petitioner, v. The DISTRICT COURT, FOURTEENTH JUDICIAL DISTRICT, and John J. Wilkinson, one of the Judges thereof, Respondents. PEOPLE of the State of Colorado, ex rel. Terrance FARINA, District Attorney in and for the Twenty-First Judicial District of the State of Colorado, Petitioner, v. The DISTRICT COURT In and For the TWENTY-FIRST JUDICIAL DISTRICT, and William M. Ela, One of the Judges Thereof, Respondents.

Supreme Court of Colorado.

Rehearing Denied October 27, 1980.

Attorney(s) appearing for the Case

Norton Frickey, Denver, for petitioner.

Carroll E. Multz, Dist. Atty., Gregory F. Long, Asst. Dist. Atty., Hot Sulphur Springs, for respondents.

Terrance Farina, Dist. Atty., Stephen K. ErkenBrack, Deputy Dist. Atty., Grand Junction, for petitioner.

Wade H. Eldridge, Denver, for respondents.

Andrew A. Vogt, Denver, for amicus curiae, Colorado District Attorneys Council.

J. Gregory Walta, Susan L. Fralick, Denver, for amicus curiae, Colorado State Public Defender.

ERICKSON, Justice.

Two original proceedings provide the foundation for this opinion. The issue before us in both cases centers on disqualification of a lawyer because of ethical requirements that (1) a lawyer must protect his client's confidences and secrets1 and (2) a lawyer must avoid even the appearance of professional impropriety.2 In each of these cases, motions were granted in the district court

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