Does a minor have to waive his right to a different judge at a hearing?

California, United States of America


The following excerpt is from James D., In re, 116 Cal.App.3d 810, 172 Cal.Rptr. 321 (Cal. App. 1981):

Breed v. Jones iterated (p. 537, 95 S.Ct. p. 1789) that such juvenile court proceedings " 'must measure up to the essentials of due process,' " which in turn would ordinarily require different judges at the fitness and jurisdictional hearings. But the court (p. 539, 95 S.Ct. p. 1790) found no due process, or other fault, with statutes providing that "a different judge ... preside at an adjudicatory hearing" unless waived by the minor for his, or his attorney's, failure to object.

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