CHILDREN AND THE LAW
...Delinquency Matters
......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.


    •