What is the legal test for disqualifying a judge?

California, United States of America


The following excerpt is from Segel v. Johnson, B264997 (Cal. App. 2016):

2. The statutory basis for disqualifying a judge is set forth in Code of Civil Procedure section 170.1. However, "a petition for writ of mandate is the exclusive method of obtaining review of a denial of a judicial disqualification motion." (People v. Mayfield (1997) 14 Cal.4th 668, 811, overruled on other grounds by People v. Scott (2015) 61 Cal.4th 363, 390, fn. 2.) "Accordingly, we address the issue of judicial disqualification solely under the rubric of due process." (People v. Freeman, supra, 47 Cal.4th at p. 1000.) Due process provides a narrower path to overturn a judgment since it requires actual bias, not merely the appearance of bias. (Id. at p. 1006.)

Other Questions


What is the legal test for disqualifying a judge for bias? (California, United States of America)
In what circumstances will a motion to disqualify a judge be heard by the same trial judge? (California, United States of America)
Is a trial judge a legal subject to the limitations of legal principles governing the subject of its action? (California, United States of America)
What is the legal test for contempt of a judge when a judge is accused of making disparaging statements about a pending trial? (California, United States of America)
What is the legal test for a motion to disqualify a judge? (California, United States of America)
Can a judge be disqualified from acting as a judge? (California, United States of America)
Can a judge be disqualified for failing to attend a hearing? (California, United States of America)
When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order? (California, United States of America)
Can a judge be disqualified under section 170.6 of the California Code of Civil Procedure? (California, United States of America)
Is a pensioner entitled to both a cost-of-living and a proportional share of the fluctuating salary of a judge occupying the office formerly occupied by a retired or deceased judge? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.