What is the standard for disqualifying a judge for bias?

California, United States of America


The following excerpt is from People v. Oliva, 2d Crim. No. B265008 (Cal. App. 2016):

demonstrated, the probability of bias on the part of a judge is so great as to become 'constitutionally intolerable.' [Citation.] The standard is an objective one." (People v. Freeman, supra, 47 Cal.4th at p. 1001.) "[T]he due process clause should not be routinely invoked as a ground for judicial disqualification. Rather, it is the exceptional case presenting extreme facts where a due process violation will be found. [Citation.]" (Id., at p. 1005.)

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