Merchants Mortgage & Trust Corp. v. Jenkins
In Merchants Mortgage & Trust Corp. v. Jenkins, 659 P.2d 690 (Colo. 1983) a district court judge heard arguments in a case, but deferred his ruling. In the interim, he was appointed to the court of appeals. The judge later entered judgment against one of the parties in the district court case, and that party appealed, arguing that the judgment was void.
The supreme court agreed, holding that: "Absent constitutional or statutory authorization, a former district court judge does not have authority to act in a judicial capacity, and orders entered by such a person after he ceases to be a district court judge are void." Merchants Mortgage & Trust Corp. v. Jenkins, supra, 659 P.2d at 692.