dissenting:
I respectfully dissent. I believe that Canon 2 of the Code of Judicial Conduct requires the judge to disqualify himself because of the extraordinary measures he took on June 29 and 30 to attempt to convince S.S. to dismiss her attorney.
Motions to disqualify a judge in a civil proceeding are governed by C.R.C.P. 97. The purpose of C.R.C.P. 97 is to ensure a fair and impartial hearing of the issues involved. Wood Bros. Homes, Inc. v. City of Fort Collins, 670 P.2d 9, 10 (Colo.App.*751983). “Moreover, not only the actuality of fairness must concern us, but the appearance of fairness as well.” People v. District Court, 192 Colo. 503, 508, 560 P.2d 828, 831 (1977) (quoting Berger v. United States, 255 U.S. 22, 41, 41 S.Ct. 230, 235, 65 L.Ed. 481 (1921)); accord Rodriguez v. District Court, 719 P.2d 699, 703 (Colo.1986); People v. Botham, 629 P.2d 589, 595 (Colo.1981); cf. § 16-6-201(1), 8A C.R.S. (1986); Crim.P. 21(b) (substantially identical to § 16-6-201(1)).1
Canon 2 of the Colorado Code of Judicial Conduct requires a judge to avoid impropriety and the appearance of impropriety. Section A of Canon 2 states: “A judge should respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” As the commentary to Canon 2 notes, irresponsible or improper conduct by the judge must be avoided because it erodes public confidence in the judiciary. Cf ABA Standards for Criminal Justice 6-1.5 (2d ed. 1986).
Canon 3 can and should be read in conjunction with Canon 2 to require disqualification when a judge has failed to avoid the appearance of impropriety. Canon 3 C(l) states that a judge “should disqualify himself in a proceeding in which his impartiality might reasonably be questioned” in a number of situations which are not applicable here. The list, however, is illustrative only, and not limited to the situations described in subsection C(l). I believe the unusual facts of this case fall into this special category, and allow us reasonably to question the judge’s impartiality.
I would hold that consideration of two facts alleged by S.S. in her motion to disqualify and accompanying affidavits, in addition to those stated by the majority, require disqualification because of the appearance of impropriety. First, the judge through his clerk told S.S. that the purpose of the June 30 meeting was to “render a decision” in her case. This statement misled S.S. to believe that the purpose of the meeting was to render a decision in her case rather than to ask her to consider a change of counsel. Second, the judge told S.S. at the June 30 meeting that he had previously spoken with another attorney who could enter the case on short notice if S.S. so desired. This statement, which was obviously made in order to pave the way for a change of counsel, placed significant judicial pressure on the mother to dismiss her attorney. I believe that these facts allow us reasonably to question his impartiality. Regardless of his good intentions, the judge’s decision to abandon the detached status traditionally accorded the judiciary in order to advocate the position that S.S. ought to dismiss her attorney and select new counsel created the appearance of impropriety. As the Connecticut Court of Appeals stated in disqualifying a judge who engaged in ex parte communications with a witness for one of the litigants in a divorce proceeding:
The question presented here is not whether the judge could render an impartial decision, but whether her ex parte discussion with the witness immediately following his testimony created in the minds of observers, particularly the defendant, an appearance of impropriety. We believe that, regardless of the judge’s intent, her action created the appearance of impropriety. “Proof of actual bias is not required for disqualification. The appearance as well as the actuality of impartiality on the part of the trier is an essential ingredient of a fair trial.” We have embraced the rule that “justice must satisfy the appearance of justice[,]” even though this “stringent rule may sometimes bar trial by judges who have no actual bias and who would *76do their very best to weigh the scales of justice equally between contending parties.”
Although in this case there has been no showing of actual bias on the part of the trial judge, which, fact the defendant conceded at oral argument, the facts and circumstances here reasonably implicate the appearance of impropriety. The trial court erred in failing to grant the defendant’s motion for a mistrial.
Dubaldo v. Dubaldo, 14 Conn.App. 645, 752, 542 A.2d 750, 752 (1988) (footnote & citations omitted).
I agree with the majority that one function of the trial judge in a dependency proceeding is to guarantee that an indigent parent receives the effective assistance of counsel from her court-appointed attorney. That function can be performed, however, without engaging in ex parte communications and without placing unfair pressure on the indigent parent to dismiss her attorney.
I believe it is not enough to disapprove of the judge’s actions. For the reasons stated, I believe the rule to show cause should be made absolute.
I am authorized to say that Justice LOHR joins in this dissent.
. The instruction provided by criminal cases dealing with disqualification pursuant to Crim. P. 21(b) applies to civil cases dealing with disqualification pursuant to C.R.C.P. 97, even though the disqualification procedures differ. See Johnson v. District Court, 674 P.2d 952, 956 n. 2 (Colo.1984). Despite these procedural differences, Crim.P. 21(b) has uniformly been applied in disqualification cases. People v. District Court, 192 Colo. 503, 506, 560 P.2d 828, 830 (1977); Golden v. District Court, 186 Colo. 300, 301, 527 P.2d 60, 61 (1974); Austin v. Denver, 170 Colo. 448, 457, 462 P.2d 600, 605 (1970).