What is the standard for disqualification of a judicial officer?

California, United States of America


The following excerpt is from Linney v. Turpen, 42 Cal.App.4th 763, 49 Cal.Rptr.2d 813 (Cal. App. 1996):

Where, as here, prejudice or actual bias is not shown, current law provides an alternative standard for possible disqualification: a judicial officer may be disqualified under the "objective" standard set out in Code of Civil Procedure section 170.1, subdivision (a)(6)(C). "A judge shall be disqualified if any one or more of the following is true: ... a person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial." Since the underlying events are undisputed, the question of whether the hearing officer could be impartial under the quoted provision is one of law. (Flier v. Superior Court (1994) 23 Cal.App.4th 165, 170-171, 28 Cal.Rptr.2d 383.)

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