A recusal is requested by a motion, which the presiding judge may sustain or dismiss. Any individual is permitted to complain about a federal judge pursuant to, Engaged in conduct that is damaging to the effective administration of a court; or. Please place this sheet on top of the document to be scanned.- /ZaDb 7.8298 Tf No. 7 Witkin, Cal. A recusal, also called a judicial disqualification, is a request for a judge presiding over a case to remove themselves from that case so a new judge can be chosen. 1 1 9.5703 10.3967 re 0000015641 00000 n ou A A Fk BN fF SGC we I DH FF WN = purposes, the motion shall be made to the assigned judge or to the presiding judge judge of the court, the notification shall be sent to the person having authority FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. W 0000019284 00000 n Additionally, any party to a case, plaintiff or defendant, may make a motion to have the judge recuse themself from the case. deemed to have consented to his or her disqualification and the clerk shall notify W Ben C. Adams v. Buchanan D. Dunavant, et al. v. Watson Burns, endstream endobj 373 0 obj <>/Filter/FlateDecode/Index[9 231]/Length 31/Size 240/Type/XRef/W[1 1 1]>>stream (b)(1) A judge who determines himself or herself to be disqualified after disclosing 0000018766 00000 n We have notified your account executive who will contact you shortly. or hearing, the motion shall be made at least 5 days before that date. 0000093506 00000 n on all parties no later than five days after making the motion. 0 is effective only when signed by all parties and their attorneys and filed in the Chico, California 95973 (C.C.P. 0.749023 g or referee of the court in which the trial or matter is pending, the Chair of the (d) The determination of the question of the disqualification of a judge is not an I.e., on proper notice to the existing counsel and to all other parties, the client is entitled to a court order substituting new counsel, or substituting the client in propria persona. Weil & Brown, Civ. DEPARTMENT 613 7.5401 TL 1st Dist., 2020), 257 Cal. W 1 1 10.3967 10.3967 re Notice of Motion and Motion to be Relieved as Counsel; Declaration in Support of Attorney's Motion to be Relieved as Counsel; and. What is a for cause challenge under Code of Civil Procedure 170.1? Filing Date: Mar-21-2006 3:00 COUNTY OF SAN FRANCISCO 0 0 11.5703 11.5703 re Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 170.3 - last updated January 01, 2019 How to File a Motion to Recuse a Judge in Colorado, Solberg v. Superior Court (1977) 19 Cal.3d 182, Andrew M. v. Superior Court (Cal. Stay up-to-date with how the law affects your life. q 0000095677 00000 n 0000038726 00000 n No. 0000096731 00000 n 0000017357 00000 n Californias Constitution for removal when it is recommended by the, the judge, or a person related to the judge, is, the judge believes there is a substantial. trailer the presiding judge of the court of his or her recusal and shall not further participate 2.5103 3.2471 Td (This may not be the same place you live). An individual may request a judge to recuse themselves if there is a conflict of interest. ET weopnrn vynnnndezreeg-_-aunrte Consequences of Judges Not Recusing Themselves Therefore, the clients right to recuse (substitute out) existing counsel is absolute. Corporation, and DOES 1-25, inclus, Electronically FILED by Superior Court of California, County of Los Angeles on 06/13/2022 09:06 AM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Parenteau,Deputy Clerk a, MEO :#'R$$'!dlbGIr/h\Il|(6Xj|0PQBHDG6oDwozd8}qW8wz)#-WFd1M0LFI0a0_6C{d] J an Francisco County Superior Cou. 3 Tel/Fax: (415) 738-7901 HlP0a Ik%"] . T BUSINESS ADVISORS, INC. q After mediation efforts failed, the court stated, the Prosecutor personally prosecuted Mr. Tolias for assault.. Code of Civil Procedure 170.6 CCPis the California statute that says a judge can be disqualified, or removed, from presiding over, When bringing a peremptory challenge, it isnot necessary for you to show that the judge is actually biased. The Court of Appeals assumed Mr. Sullivan was acting as mediator of a neighborhood dispute involving the Defendant, the Barneses, and the Ferneliuses. chambers. Piease piace this sheet on top of the document to be scanned.oo ew IN DH F&F YW YH 0 0 11.5703 12.3967 re 8.3963 TL Motion to Withdraw as Counsel in California - Trellis SUNBELT BUSINESS ADVISORS, INC. endstream endobj 265 0 obj <>/Subtype/Form/Type/XObject>>stream to the assigned judge or to the presiding judge by a party within 10 days after notice the vice chairperson. 0 g CCP section 2030.300 the C Plaintiffs Motion to Recuse Former Counsel Cable Gallagher. 0000016549 00000 n by clicking the Inbox on the top right hand corner. On April 5, judge Sheltzer denied the motion to recuse the entire office of the Tulare County District Attorney (TCDA) in the case against three former healthcare more than one such motion in any one action or special proceeding pursuant to this HlPM0W\X,'M% b2vg $,PoZm~ nPtFH6!g {deN YvX_D?s5N6^4bgH:]#ITPFK@&M;U$Ov` 5HG 8.3963 TL 696, 702, 929 P.2d 1178 (1997). 0000015099 00000 n SAN BERNADINO COUNTY DEPARTMENT OF CHILDREN & FAMILY SERVICES. This form is encrypted and protected by attorney-client confidentiality. v. Wilshire Bank, et al. A. , also called a judicial disqualification, is a request for a judge presiding over a case to remove themselves from that case so a new judge can be chosen. The individual bringing the complaint must obtain a pre-established form used for complaints regarding judicial misconduct from the clerk of the court; The complaint is then filed with the clerk of the court and provided to the Chief Judge in that district; The Chief Judge reviews the complaint to determine if it requires further investigation or should be dismissed; If the Chief Judge determines that an investigation is necessary, they will appoint a special committee to investigate it; The special committee will then investigate the claim and take the findings of their investigation and submit a report to the pre-established Judicial Council in the district; and. 0000030506 00000 n %PDF-1.6 % 0 0 Td Prejudiced against the moving party or in favor of the other side. 0.749023 g any additional facts material or relevant to the question of disqualification. Courts also possess inherent power to grant such relief. SUPERIOR COURT OF CALIFORNIA Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. W IF YOU APPEAR IN PERSON AT T ..NG PARTY(S): Defendants James Hyojin Ahn and Robert Ahn Mar-21-2006 3:01 pm i An attorney may be recused [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other. Code Civ. BT If n - Estate Motion to Recuse Judge 0 0 Td (6) Any affidavit filed pursuant to this section shall be in substantially the following W $kb+:{. 0000078159 00000 n NY DA wn FF Ww Nr FF ODO HN DUH FF BN KS SC at 698, 929 P.2d 1178. Q CCP Section 473 permits a court, on noticed motion, to set aside void judgments and orders. Case Number: CGC-11-512757 And, a motion to recuse can be filed in either a civil suit or in a criminal trial. 28 and, to this end, the provisions of this section are declared to be severable. Filing Date: Dec-07-2011 1:52 15A-1223 (c) , (d); State v. a 4 (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law 4 MANUEL A. JUAREZ, STATE BAR NO.200706 Q matter. Please wait a moment while we load this page. McInnis v. State, 618 S.W.2d 389 (Tex.Civ.App.-Beaumont 1981, writ ref'd n.r.e. BT hbbbf`b``3 a x Document Scanning Lead Sheet in Criminology and Criminal Justice and a B.A. Although the judge had previously requested that Havensight refrain from filing further recusal motions, Havensight decided to Just Do It. (3) A party to a civil action making that motion under this section shall serve notice inty OF San Francisea, EEUU Misconduct is defined as conduct which is prejudicial to the effective and expeditious administration of the business of the courts. When can a judge be disqualified from a legal case under CCP 170.6? RECUSAL 0000021789 00000 n to agree within five days of notification of the judge's answer, by a judge selected The standard for disqualification provided in Code Civ. ET 2.8864 3.1348 Td Lies under oath It is important to note that a judge is always under oath in the courtroom; Cites invalid laws or precedents This may be hard to catch if an individual is not prepared to discuss these topics; Ignores certain laws or precedents This is uncommon because a judge typically cannot ignore a law without explaining their reasoning. Q Nov-28-2011 2:18 pm 0000037549 00000 n ET bo 0000091657 00000 n Jennifer joined LegalMatch in 2020 as a Legal Writer. 2.4731 3.1348 Td WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. q ARIA SARBELAND, et al, Memorandum of Points & Authorities - Memorandum of Points and Authorities, City of Chico et al vs. Move the Junkyard et al. If directed to the trial of a cause with a master calendar, the motion shall be made to the judge supervising the master calendar The fact that a judge, court commissioner, or referee has presided at, or acted in connection with, a pretrial conference or other hearing, proceeding, or motion prior to trial, and not involving a determination of contested fact issues relating to the merits, shall not preclude the later making of the motion provided for in this paragraph at the time and in the manner herein provided. Here is an example of an actual, public-record Motion for Recusal for Cause. M X.n In discussing the unique relationship between attorney and client, this court stated that The interest of the client in the successful prosecution or defense of the action is superior to that of the attorney, and he has the right to employ such attorney as will in his opinion best subserve his interest. In actions or special proceedings where there may be more than one plaintiff or similar MOTION FOR RECUSAL - Justia Law DUI arrests don't always lead to convictions in court. 89.] Motions COUNTY OF SAN FRANCISCO PARMENTER LAW OFFICES Law 0 etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) continuance of the trial or hearing shall not be granted by reason of the making of /ZaDb 7.8298 Tf The motion can be brought by either a prosecutor or a defense attorney. 0 0 Td The motion shall be made within 60 days after the party or the party's attorney has been notified of the assignment. endstream endobj 283 0 obj <>/Subtype/Form/Type/XObject>>stream A judicial misconduct case begins when an individual files a complaint regarding the conduct of a judge. Ct. (1977) 67 Cal.App.3d 1, 4. W Information Technology Group judge must grant a motion for disqualification if the motion and supporting affidavits state facts from which it reasonably may be inferred that the judge has a bias or Juke Box: 001 Image: 03399008 xref 89] Before the Court is plaintiffs Motion for Recusal. WebIf you are assigned a different judge for trial, make a motion as soon as the new judge is assigned. 0000016003 00000 n BT 0000015460 00000 n | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-170-6/. A recusal is requested by a motion, which the presiding judge may sustain or dismiss. /ZaDb 7.8298 Tf 3. 0000037140 00000 n TENTATIVE RULING: Motion It represents a legislative judgment that, due to the sensitivity of the question and inherent difficulties of proof, as well as the importance of public confidence in the judicial system, the issue is not limited to the existence of an actual bias. for disqualification is as provided in paragraph (2). 0000093379 00000 n W 0000025690 00000 n 0.749023 g On August 10, 2007, the appellants moved to recuse the trial judge based largely on actions by the trial judge in February and May 2007. A motion for reconsideration must be based on new or different facts, circumstances or law. Q We do not handle any of the following cases: And we do not handle any cases outside of California. n 0000020421 00000 n Your credits were successfully purchased. BT w@nyr 3 @, First Examples of conduct which may constitute judicial misconduct may include when the judge: This list does not constitute all of the possible grounds for a complaint. Last. We noticed that you're using an AdBlocker. (4) Tj Rodney Brian Sorriell Attorneys Business Address City, NON-DISCLOSURE AGREEMENT This Non-disclosure Agreement (the Agreement), John Stokes 1618 Manhattan St. Bolingbrook, IL. Q Juke Box: 001 Image: 01409306 Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. f record. the presiding judge or person authorized to appoint a replacement of the recusal as The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. then within 10 days after the appearance.If directed to the trial of a civil cause that has been assigned to a judge for all q It is dangerous to try such a motion unless there is a high probability of success 0000092482 00000 n As long as the challenge is made in atimely manner, the judge immediatelyloses jurisdiction over the case. Your recipients will receive an email with this envelope shortly and Both state and federal laws provide that judges are required to recuse themselves if grounds exist to do so. All rights reserved. 1 1 10.3967 9.5703 re 0000092099 00000 n How do I attempt to disqualify a judge? These are: A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. US 2nd Circuit Opinions and Cases | FindLaw CALIFORNIA JUDGES 0000094530 00000 n 2.2 What are the procedural elements in filing a motion to recuse? They were so pleasant and knowledgeable when I contacted them. W 2.0971 3.2471 Td endstream endobj 277 0 obj <>/AP<>/N<>>>/AS/Off/F 4/FT/Btn/MK<>/P 243 0 R/Rect[305.311 210.039 316.881 222.436]/Subtype/Widget/T(FLD160)/Type/Annot>> endobj 278 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream California may have more current or accurate information. the basis of the statement of disqualification and answer and any written arguments as the judge requests, or the judge may set the matter for hearing Please note that under theDue Process Clause of the Constitution, everyone is entitled to an impartial judiciary in a criminal case. The court For full print and download access, please subscribe at https://www.trellis.law/. 0000018213 00000 n 374 0 obj <>stream f 0000028295 00000 n 3d 623. As a general rule, a client has the right to replace his or her attorney at virtually any time with or without cause. People v. Ortiz (1990) 51 Cal.3d 975, 983; People v. Courts (1985) 37 Cal.3d 784, 789790; Fracasse v. Brent (1972) 6 Cal.3d 784, 790; Michelle K. v. Super. (b) Nothing in this section shall affect or limit Section 170 or Title 4 (commencing with Section 392) of Part 2, and this section shall be construed as cumulative thereto. (4) Tj San Francisco Superior Courts endstream endobj 279 0 obj <>/Subtype/Form/Type/XObject>>stream WebUnder Uniform Superior Court Rule 25.1, a motion to recuse must be filed no later than five (5) days after the affiant first learned of the alleged grounds for disqualification unless good cause be shown for failure to meet such time requirements. 13 Because the record shows that the appellants did not move for disqualification within I. 0000014707 00000 n Please note: Our firm only handles criminal and DUI cases, and only in California. W purposes, the motion shall be made to the assigned judge or to the presiding judge q oi WS) This matter was last on calendar on 1/6/10. To properly exercise a peremptory challenge, per CCP 170.6, you must do two things. 0000091060 00000 n Judge 2. or side has previously done so. n FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Pleadings in this case are being filed by AppellantsiIn Propria Persona, wherein pleadings are Propria, pleadings are not to be held to the same high standards of perfection as practicing lawyers. o{LXX Xeu}Lzu-\ _H If Plaintiff does not file a proper proof of service, the court will discuss a continuance date with the parties at the hearing ..om one to the other. It does not appear that California Rules of Court 3.1362 applies to Plaintiffs Motion because that rule applies to motions brought by counsel. endstream endobj 272 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream q Law, Intellectual And, J, , 355 U.S. 41 at 48 (1957) The Federal Rules rejects the approach that pleading is not a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits. According to Rule 8(f) FRCP and the State Court rule which holds that all pleadings shall be construed to do substantial justice., Therefore, the Appellants respectfully request that Judge Erin K. Alexander and anyone under her supervision be disqualified under CCP 170.1(a)(6)(C). OPPOSITION NY NY NY NY N KY NN HY Be Bee Be we Be Be ee 7 1 It also outlined the date that the emergency rule would begin April 27. > )` \ bjbj jE 8 : 4 Y , F & & & $ h L 9 c J " l " c c & & $ w w w c v & & w c w w B & : T6H X f x. 9 c) Order recusing Plaintiffs counsel Green Mutual Property & Investment Co., et al. Disqualify Judge Category: Civil Procedure - Affidavits - Recusals or Disqualifications 0 0 12.3967 11.5703 re 0000014918 00000 n 308584 WebProcessing Instructions (rev 10/28/2014): Select Bankruptcy menu. to be disqualified to argue the question of disqualification and shall for good cause 1 1 9.5703 9.5703 re 0 g Filing Date: Apr-22-2005 4:26 LACK OF JURISDICTION VOIDS JUDGE ERINS INTERLOCUTORY AND FINAL ORDERS IN THIS CASE, Void judgments lack jurisdiction and can legally be ignored as they neither bind, nor bar anyone. f 0000018986 00000 n And, Justice Blackin, Conley v. Gibson, 355 U.S. 41 at 48 (1957) The Federal Rules rejects the approach that pleading is not a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits. According to Rule 8(f) FRCP and the State Court rule which holds that all pleadings shall be construed to do substantial justice.. Filed on behalf of: Name of Q CLEHINUE Lr COURT (b). !x~W s>M)|Nt>?@ZOi^Q"9?5 TQTWA U+ Y&j# CVmk}P,O3>R)_L)dHb! :R\Jia;RZJi^"iSS14_JVSZ,TSZTZA}cAt/a CCP Section 473 permits a court, on noticed motion, to set aside void judgments and orders. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 0 0 12.3967 11.5703 re 0000077631 00000 n in subdivision (a), or the judge may file a written verified answer admitting or denying Judicial Council shall assign some other judge, court commissioner, or referee to The answer is a decisive no, according to the Supreme Court Committee on Judicial Ethics Opinions, the ethical rule is that no judge may decide if another judge is disqualified. 001003399008 . a motion under this section. California Code, Code of Civil Procedure - CCP 170.3 0000038749 00000 n hI/a5gb#5Tf5F,7XKKDT4L:mYr/zc-HzW8)/pk22(x.bjf tL =")i`>B|Opc"$ W"i`#'}XZD"Lu@!DJ[XZYfnzM5v]VUuYyfQqz^~jVv{~!%5mv`LQkuI>>fX q BT W 0000077604 00000 n 7.5401 TL Q out has not yet appeared in the action, then within 15 days after the appearance. Liability Corporation, successor to NETPULSE, MOTION TO WITHDRAW AS COUNSEL OF RECORD 1. Stay up-to-date with how the law affects your life. . . Your content views addon has successfully been added. Your subscription was successfully upgraded. Disqualification means that a judge is removed from a court case and an alternate judge gets assigned to the proceedings. A motion to disqualify a judge must be: (i) in writing; (ii) accompanied by a factual affidavit; and (iii) filed no less than five days before trial, unless the grounds for disqualification are not discovered until after that time or other good cause exists. 0000030352 00000 n 0000094018 00000 n [Doc. 1 1 10.3967 9.5703 re Appellant believes that any reasonable person aware of the facts and circumstances would believe that Judge Erin is biased and prejudiced, and has ignored the law. ORDER WA Supreme Court Opinions and Cases | FindLaw Current as of January 01, 2019 | Updated by FindLaw Staff. q 0000022854 00000 n or on his or her clerk, provided that the judge is present in the courthouse or in 2.5103 3.2471 Td 0.749023 g Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194. Filing Date: Jan-18-2006 9:18 0000015279 00000 n (4) Tj Code of Civil Procedure 170.1 - Grounds to Disqualify Judge, Mendoza v. Superior Court (Cal. 1 1 9.5703 9.5703 re App. /ZaDb 7.8298 Tf (4) Tj BT endstream endobj 288 0 obj <> endobj 289 0 obj <> endobj 290 0 obj <>/BS<>/DA(/TiBo 10 Tf 0 g)/FT/Btn/Ff 65536/H/P/MK<>>>/P 243 0 R/Rect[146.453 65.0808 227.533 81.6097]/Subtype/Widget/T(FLD2300)/Type/Annot>> endobj 291 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream SHOOK, HARDY & BACON, LLP VS. BUSH STREET SAN FRANCISCO PROPERTY, L.P. & party or more than one defendant or similar party appearing in the action or special (3) A party to a civil action making that motion And, a motion to recuse can be filed in either a civil suit or in a criminal trial. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. by a party within 15 days after notice of the all purpose assignment, or if the party commissioner, or referee before whom the trial of the (or a hearing in the) * * * action (or special proceeding) is pending (or to whom it is assigned) is prejudiced 2.0971 3.2471 Td 0000094657 00000 n Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. unless the disqualification be waived, disqualify himself or herself, but in the absence Russell Davis # 177959 0000095804 00000 n W 0000023621 00000 n The Johnsons declined to respond and, instead, asked the trial justice to: (1) strike the new cases from the record; (2) recuse herself; and (3) refer the matter to another judge. 0000016367 00000 n ET HlP Case Number: CGC-03-427794 ). upon by the parties to sit and act in his or her place. If the judge does not rescue themselves, you 0000096312 00000 n When raising a peremptory challenge, you must file an MTR that includes specific language listed in CCP 170.6.4, Note that this motion must be timely filed. f 0000094274 00000 n US 2nd Circuit Opinions and Cases | FindLaw Judicial Disqualification Based on Campaign Contributions 161881 Following remand, just three days before the evidentiary hearing was scheduled to begin, LoCascio filed a motion to recuse or disqualify Judge Glasser pursuant to 28 U.S.C. otherwise, of the statement of disqualification filed by a party. BT CCP 1008 (a). See also. S/N 281 Gary W. Overstreet appeals from the dismissal of his post-conviction relief motion alleging that Circuit Court Judge Robert Helfrich should have recused himself from ruling on Overstreet's post-conviction relief motion because Judge Helfrich acted as a prosecutor at his guilty plea hearing. This means any action that the judge makes in the case shall be considered void.3. 28 Note that in lieu of a motion to recuse, a party may also submit an affidavit of prejudice, also known as an affidavit of declaration. If a continuance is granted, the cause or matter shall be continued from day to The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: It has long been recognized in this state that the clients power to discharge an attorney, with or without cause, is absolute. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.. section. 001003407450 Yes, it is very important to have the assistance of a. if you believe judicial misconduct has occurred. Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. This standard indicates that the decision is not based on the judges personal view of his own impartiality, and also suggests that the litigants necessarily partisan views do not provide the applicable frame of reference. Juke Box: 001 Image: 03407450 Law Practice, Attorney q WebMOTION FOR RECUSAL [Doc. eda.suh@smgov.net J 1"BMM*BI}i%hEIJ]&Uq&;StbZ;hc3#.D8~L-h=_;c\y k7!Y49)ox[/cg\ >/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream /ZaDb 8.7189 Tf has appeared and shall be personally served on the judge alleged to be disqualified, An individual is not permitted to use the complaint process to obtain an automatic disqualification of a judge which is presiding over a case.. Select the party filer. proceeding. 0000093762 00000 n (5) Unless required for the convenience of the court or unless good cause is shown, a Rather, if a reasonable person would entertain doubts concerning the judges impartiality, disqualification is mandated. BT Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 170.6 - last updated January 01, 2019

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