What is the limitation on appellate review of a finding of disqualification of a judge?

California, United States of America


The following excerpt is from Motion Picture & T.V. Fund Hospital v. Superior Court of L.A., 105 Cal.Rptr.2d 872, 88 Cal.App.4th 488 (Cal. App. 2001):

2. Subdivision (d) of section 170.3 provides: "The determination of the question of disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought within 10 days of notice to the parties of the decision and only by the parties to the proceeding." The 10-day time limitation for appellate review applies to all proceedings involving disqualification of a judicial officer. (People v. Hull (1991) 1 Cal.4th 266, 269-276.)

2. Subdivision (d) of section 170.3 provides: "The determination of the question of disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought within 10 days of notice to the parties of the decision and only by the parties to the proceeding." The 10-day time limitation for appellate review applies to all proceedings involving disqualification of a judicial officer. (People v. Hull (1991) 1 Cal.4th 266, 269-276.)

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