Is there any harm in a trial judge seeing another file?

20 There was no harm in the trial judge seeing this other file. See People ex rel. Dept. of Public Works v. McCullough, 100 Cal.App.2d 101, 106, 223 P.2d 37 et seq. A 170(5) affidavit, filed before the hearing of a motion for new trial, alleged that the trial judge had seen juror affidavits which sought to impeach the jury's verdict in a manner then impermissible. It was held that it was only where an appropriate issue of fact is raised concerning the disqualifications of the trial judge that he is prevented from passing upon the question of his own disqualification under section 170(5). See also Fishbaugh v. Fishbaugh 15 Cal.2d 445, 456, 101 P.2d 1084 (reading of depositions not in evidence).