Can a motion to disqualify a judge be appealed by the Court of Appeal?

California, United States of America


The following excerpt is from Sheila B., In re, 19 Cal.App.4th 187, 23 Cal.Rptr.2d 482 (Cal. App. 1993):

[19 Cal.App.4th 194] Code of Civil Procedure section 170.3, subdivision (d), provides "The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought within 10 days of notice to the parties of the decision...." Our Supreme Court in People v. Hull (1991) 1 Cal.4th 266, 276, 2 Cal.Rptr.2d 526, 820 P.2d 1036 concluded that this statute "prescribes the exclusive means of appellate review of an unsuccessful peremptory challenge motion." (Accord, People v. Broxson (1991) 228 Cal.App.3d 977, 979, 278 Cal.Rptr. 917.)

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