§ 170.1 (a) A judge shall be disqualified if any one or more of the following are true: (1) (A) The judge has personal knowledge of disputed evidentiary facts…
Part 1: Of Courts of Justice | Title 2: Judicial Officers | Chapter 3: Disqualifications of Judges
Rule Text
(a) A judge shall be disqualified if any one or more of the following are true:
(1) (A) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding.
(2) (A) The judge served as a lawyer in the proceeding, or in any other proceeding involving the same issues he or she served as a lawyer for a party in the present proceeding or gave advice to a party in the present proceeding upon a matter involved in the action or proceeding.
(3) (A) The judge has a financial interest in the subject matter in a proceeding or in a party to the proceeding.
(4) The judge, or the spouse of the judge, or a person within the third degree of relationship to either of them, or the spouse of such a person is a party to the proceeding or an officer, director, or trustee of a party.
(5) A lawyer or a spouse of a lawyer in the proceeding is the spouse, former spouse, child, sibling, or parent of the judge or the judge’s spouse or if such a person is associated in the private practice of law with a lawyer in the proceeding.
(6) (A) For any reason:
(7) By reason of permanent or temporary physical impairment, the judge is unable to properly perceive the evidence or is unable to properly conduct the proceeding.
(8) (A) The judge has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or is participating in, or, within the last two years has participated in, discussions regarding prospective employment or service as a dispute resolution neutral, or has been engaged in that employment or service, and any of the following applies:
(9) (A) The judge has received a contribution in excess of one thousand five hundred dollars ($1500) from a party or lawyer in the proceeding, and either of the following applies:
(b) A judge before whom a proceeding was tried or heard shall be disqualified from participating in any appellate review of that proceeding.
(c) At the request of a party or on its own motion an appellate court shall consider whether in the interests of justice it should direct that further proceedings be heard before a trial judge other than the judge whose judgment or order was reviewed by the appellate court.
Amendment history: Amended by Stats. 2010, Ch. 686, Sec. 1. (AB 2487) Effective January 1, 2011.