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GOEBEL v. BENTON

No. 91SA370.

830 P.2d 995 (1992)

Ruth GOEBEL, Kathy Edmiston, George Wooten, Lee A. Williams, Jr., Laura Munson, and All Other Similarly Situated Persons, Petitioners, v. Judge Field BENTON, Probate Court Judge sitting as a District Court Judge for the City and County of Denver, Respondent.

Supreme Court of Colorado, En Banc.

May 26, 1992.

Attorney(s) appearing for the Case

Law Office of Kathleen Mullen, P.C., Kathleen Mullen, Denver, Colorado Lawyers Committee, Pryor, Carney & Johnson, P.C., Rodney R. Patula, Englewood, and Legal Aid Soc. of Metropolitan Denver, Inc., James W. Dean, Denver, for petitioners.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., Diane E. Eret, First Asst. Atty. Gen., and David C. Feola, Asst. Atty. Gen., Denver, for respondent.

Margery T. Bornstein, Sp. Asst. Atty. Gen., Denver, for State defendants.

Daniel E. Muse, City Atty., R.W. Hibbard III, Morris F. Evans, and Niels Loechell, Asst. City Attys., Denver, for Mun. defendants.

Justice ERICKSON delivered the Opinion of the Court.

Pursuant to C.A.R. 21, the petitioners filed this mandamus proceeding to compel the respondent, Judge Field Benton, to disqualify himself. We issued a rule to show cause and now make the rule absolute.

I

In 1981, the petitioners, Ruth Goebel and other low income mentally ill residents of the City and County of Denver, commenced a class action against the City and County of Denver, the Denver City...

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