Can a judge be substituted on the basis of discriminatory comments made by a colleague?
California, United States of America
The following excerpt is from People v. Delreal, B262410 (Cal. App. 2016):
judge made "derogatory and apparently unfounded statements" regarding defense counsel], overruled in part on other grounds in Curle v. Superior Court (2001) 24 Cal.4th 1057, 1069; In re Wagner (2005) 127 Cal.App.4th 138, 147-148 [bias found where comment reflected personal involvement and reliance on matters outside the record].) Here, however, appellant has failed to show a sufficient basis to substitute a new judge.
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