How have courts treated allegations of judicial bias?

California, United States of America


The following excerpt is from In re M.G., No. C061687 (Cal. App. 4/29/2010), No. C061687. (Cal. App. 2010):

Appellant's accusation of judicial bias is based on her claim that the juvenile court erred in making critical factual findings against her. However, "expressions of opinion by a trial judge based on actual observation of the witnesses and evidence in the courtroom do not demonstrate a bias. [Citations.] Moreover, a trial court's numerous rulings against a partyeven [if] erroneousdo not [alone] establish a charge of judicial bias . . . ." (People v. Guerra (2006) 37 Cal.4th 1067, 1111-1112, disapproved on another point in People v. Rundle (2008) 43 Cal.4th 76, 151.) Opinions formed by a trial judge on the basis of facts introduced or events occurring in the course of the current proceedings do not support a claim of bias "unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible." (Liteky v. United States (1994) 510 U.S. 540, 555 [127 L.Ed.2d 474, 491].)

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