Does a judge pro tem have served as a lawyer in a proceeding?

California, United States of America


The following excerpt is from People v. McGirt, E061614 (Cal. App. 2015):

A judge will not be deemed to have served as a lawyer in a proceeding if, when the judge was a lawyer, his or her interaction with the defendant was perfunctory. For example, a judge will not be deemed to have served as a lawyer in a proceeding where a prosecutor is serving as a judge pro tem, and in his or her role as a prosecutor had previously made an appearance when the defendant's sentence to state prison became effective following the appellate affirmance of defendant's sentence/conviction. Because the judge pro tem did not prosecute the prior case to conviction nor participate in the appeal, but "was simply in the courtroom to take care of the many matters calendared on that date" and knew nothing about the prior case, there was no basis for judicial disqualification. (People v. Bryan (1970) 3 Cal.App.3d 327, 342.)

Other Questions


Can a defendant who pleaded guilty to a charge of assault and possession of a dangerous substance while still serving time served serve time served under a plea bargain? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
What is the difference between public comments by a judge and a lawyer on a pending judicial proceeding? (California, United States of America)
What is the test for requesting that further proceedings be heard before a trial judge other than the judge whose judgment or order was reviewed by the appellate court? (California, United States of America)
Is a lower court judge who is named as a respondent in an extraordinary writ proceeding brought in an appellate court to challenge an order rendered by a judge? (California, United States of America)
Can a judge order the removal of a lawyer who has been found to be incompetent? (California, United States of America)
When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order? (California, United States of America)
When a judgment is insufficient to provide residual proceeds to an employee's attorney, does the employee have to pay fees to the employee's lawyer? (California, United States of America)
What is the duty of the judge to control all proceedings during the trial? (California, United States of America)
Does the law of the case doctrine preclude a litigant from seeking a writ of appeal against a finding that the trial judge was an impartial judge who failed to instruct on lesser included offenses? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.