Can a judge be disqualified for prejudiced conduct?

California, United States of America


The following excerpt is from People v. Wilks, 146 Cal.Rptr. 364, 21 Cal.3d 460, 578 P.2d 1369 (Cal. 1978):

Code of Civil Procedure section 170.6 generally provides for the automatic disqualification of any "judge . . . of any superior, municipal or justice court . . . when it shall be established as (herein) provided that such judge . . . is prejudiced against any party or attorney or the interest of any party or attorney appearing in (any) action or proceeding." [21 Cal.3d 466] Prejudice is "established" when an oral or written affidavit is timely 2 filed by a party or an attorney declaring, in "substantially" the words of the statute, that the party or attorney "cannot or believes he cannot have a fair and impartial trial or hearing before such judge . . . ." (Code Civ.Proc., 170.6, subds. (2), (5) and (6).) If disqualified, the judge may neither try the case nor "hear any matter therein which involves a contested issue of law or fact." However, the judge may participate in any non-trial proceeding that does not involve such an issue. (Thompson v. Superior Court (1962) 206 Cal.App.2d 702, 708-709, 23 Cal.Rptr. 841, 843.)

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