Can a declaration of actual bias be ignored or stricken from the files by the trial judge?

California, United States of America


The following excerpt is from Marriage of Lemen, In re, 113 Cal.App.3d 769, 170 Cal.Rptr. 642 (Cal. App. 1980):

However, if the declaration of actual bias is legally insufficient as a ground of disqualification, it may be ignored or stricken from the files by the trial judge. (People v. Sweeney (1960) 55 Cal.2d 27, 35, 9 Cal.Rptr. 793, 357 P.2d 1049.) In the case of In re Morelli (1970) 11 Cal.App.3d 819, 91 Cal.Rptr. 72, the court undertook an exhaustive examination of the authorities which articulate the circumstances in which the judge accused of actual bias is excused from following the procedure proscribed by

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