CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
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Judicial Officers/Referees/Masters
.........Recusal
8 Cards On This Topic:
Judge who determines self to be disqualified should recuse self and not participate further in proceedings, except as provided by statute or permitted upon waiver.
Waiver of disqualification by parties.
Situations in which disqualification of judge cannot be waived.
Procedures when judge fails to properly disqualify self.
Appellate review of disqualification of judges.
Due Process Clause requires elected judge to recuse himself from case involving a campaign donor where likely potential for bias.
While actual bias not required to disqualify judge under DP clause, mere appearance of bias insufficient-there must be probability of actual bias by decisionmaker that is too high to be constitutionally tolerable.
Judge who disqualified self from ruling on special issues without prior attorney being present may not thereafter rule on interwoven issues without notice.