Courts: disqualification of judges.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Enrolled
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill modifies procedures for challenging a judge’s impartiality in California courts. Specifically, it requires that statements of disqualification be served on a judge during regular business hours at the courthouse where the judge is sitting, in addition to the clerk. It also authorizes a trial judge to stay a trial if a defendant alleges bias based on race, ethnicity, or national origin, and requires motions alleging such bias to be made before a tentative sentence is issued. The bill aims to ensure fairer judicial proceedings and address potential discrimination.
Key provisions
- Requires service of disqualification statements during regular business hours at the courthouse.
- Permits service of disqualification statements on the court executive officer in addition to the clerk.
- Authorizes a trial judge to stay a trial if a defendant alleges bias based on race, ethnicity, or national origin.
- Requires motions alleging bias to be made before a tentative sentence is issued.
- Allows a judge to admit or deny allegations of bias in a written answer.
- Addresses the process for a judge to recuse themselves when grounds for disqualification are first learned of.
- Clarifies the process for a judge to respond to a disqualification statement.
- Provides for a mechanism to appoint a replacement judge if a judge refuses to recuse themselves.
Who is affected
- Judges
- Parties in legal proceedings
Bill text
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Sponsors
Official sponsors from legislative records.
2 on record
Primary sponsor
Cosponsor
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