CHILDREN AND THE LAW
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Delinquency Matters
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Judges/Commissioners/Referees
.........Challenges
10 Cards On This Topic:
"Peremptory" challenges permitted.
Referees may be disqualified in same manner as judges.
If judge known 10 days before trial, challenge must be made 5 days before trial. If not, must be made when case assigned for trial.
Challenges must be exercised not later than commencement of hearings other than trials.
Fact that judge presides at preliminary hearings not involving contested issues of fact does not preclude his/her subsequent disqualification.
In one judge counties, challenge must be made within 30 days of appearance.
As no valid "all purpose assignment" and Referee had not made a determination of contested fact issues re merits," M's CCP 170.6 challenge, made more than 5 days before the date set for competency hearing, was timely.
For purposes of CCP 170.6 challenges in juvenile cases under W&IC 602, an assignment "for all purposes" requires either a valid order from a judge or a valid written local court rule.
Judge abused her discretion in refusing to follow published opinion in Daniel V. and in denying M's peremptory challenge.
Juv. probation violation hearing is not new, original proceeding, but continuation of court’s supervision of minor: peremptory challenge to original judge not available.