What is the current state of the law on judicial misconduct?

California, United States of America


The following excerpt is from People v. Buenrostro, 240 Cal.Rptr.3d 704, 430 P.3d 1179, 6 Cal.5th 367 (Cal. 2018):

Andrews v. Agricultural Labor Relations Bd. (1981) 28 Cal.3d 781, 795, 171 Cal.Rptr. 590, 623 P.2d 151 ["There is no reason to explore the heart and mind of the [adjudicator] when effective relief is readily available if the reviewing court concludes a finding is unsupported by substantial evidence. To hold otherwise would encourage a losing party to raise the specter of bias indiscriminately[.]"].) Defendant fails to demonstrate that the court engaged in any judicial misconduct or exhibited bias, "let alone misconduct or bias that was so prejudicial that it deprived defendant of " a fair, as opposed to a perfect, trial. " " ( People v. Avila (2009) 46 Cal.4th 680, 696, 94 Cal.Rptr.3d 699, 208 P.3d 634.)

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