CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
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Judicial Officers/Referees/Masters
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Challenge for Cause
............In General
13 Cards On This Topic:
Judge may strike untimely or non-meritorious challenge.
Judge must act on a challenge in accordance with CCP §170.3 or 170.4–s/he may not simply ignore it. All subsequent orders were invalid.
Judge with no personal or social relationship with H's ex-W's atty, who only officiates at atty's wedding, must disclose the information, but disqualification is not mandated absent additional facts.
Fairness and appearance of fairness achieved only if entire case reassigned to another judge; next judge assigned should use the tools available in rules and Fam. Code to bring case under control and move it to completion.
Judge's participation in settlement discussions is not a ground for disqualification.
If a reasonable person, aware of all the facts, would fairly entertain doubts concerning judge's impartiality, disqualification is mandated.
The statutory procedure for disqualification of judges for cause does not apply to final judgments.
Judge's failure to respond to challenge for cause is deemed consent to disqualification.
May not disqualify entire bench of county because spouse is prominent local lawyer.
To show prejudice, disqualification declaration must show actual bias or existence of fixed anticipatory prejudgment. Declarations must be filed as soon as bias manifests self.
Bias and prejudice defined.
A judge’s preconceived opinions as to liability constitute grounds for disqualification as a matter of law.
When challenge for cause can be stricken by trial judge.