California, United States of America
The following excerpt is from Gerawan Farming, Inc. v. Agric. Labor Relations Bd., 265 Cal.Rptr.3d 752, 52 Cal.App.5th 141 (Cal. App. 2020):
The presumption of impartiality may "be overcome only by specific evidence demonstrating actual bias or a particular combination of circumstances creating an unacceptable risk of bias." ( Morongo Band, supra , 45 Cal.4th at p. 741, 88 Cal.Rptr.3d 610, 199 P.3d 1142.) The mere appearance of bias, however, is not a ground for the disqualification of a judicial officer. ( Andrews v. Agricultural Labor Relations Bd. (1981) 28 Cal.3d 781, 791, 171 Cal.Rptr. 590, 623 P.2d 151.)33 To disqualify a judicial officer, the moving party must offer legally sufficient facts to demonstrate the judicial officer's bias, which must be " against a particular party [citations] and sufficient to impair the judge's impartiality so that it appears probable that a fair trial cannot be held. " ( Id. at p. 792, 171 Cal.Rptr. 590, 623 P.2d 151.) If that burden is satisfied, "the challenged judicial officer or a reviewing court must still decide whether such bias will render it probable that a fair trial cannot be held before that judge. In other words, the bias or prejudice must be sufficient to impair the judge's impartiality. " ( Ibid. )
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.