Courts: disqualification of judges.

Plain English Breakdown

The bill summary does not provide details on enforcement mechanisms across different court systems in the state.

Courts: Rules for Judge Disqualification

This law changes how judges can be asked to step down from cases and sets rules for when a judge might show unfair bias against someone in court based on their race, ethnicity, or national origin.

What This Bill Does

• It requires that if someone thinks a judge should not handle their case, they must give the judge a written statement during regular business hours at the courthouse where the judge is sitting.
• The law allows service of this statement to be made on the court executive officer in addition to the clerk when the judge is present in the courthouse or chambers.
• A judge can now admit or deny allegations that they exhibited bias towards a defendant based on race, ethnicity, or national origin in a written answer.
• If a motion alleging bias is filed during a trial, the judge may pause the trial until there's a hearing about it.

Who It Names or Affects

• Judges who might need to step down from cases because of bias or other reasons.
• People involved in court cases who think their judge should not be handling their case due to bias.

Terms To Know

disqualification

When a judge is asked to stop working on a case because they might have a conflict of interest or show bias.

bias

Showing unfair favoritism towards one person or group over another, often based on race, ethnicity, or other personal characteristics.

Limits and Unknowns

• The bill does not specify what happens if a judge refuses to admit bias after being asked.
• It is unclear how this law will be enforced in different court systems across the state.
• There are no details on how judges will decide whether to pause trials based on allegations of bias.

Official Summary Text

AB 2262, as amended, Michelle Rodriguez.
Criminal procedure: discrimination.
Courts: disqualification of judges.
Existing law establishes procedures for a judge to disqualify themselves from a case. Under existing law, if a judge who should disqualify themselves refuses or fails to do so, a party may file with the clerk a written verified statement objecting to the hearing or trial before the judge and setting forth the facts constituting grounds for disqualification of the judge. Existing law requires copies of the statement to be served on each party and personally served on the judge alleged to be disqualified or on their clerk, provided that the judge is present in the courthouse or in chambers.
This bill would require the statement to be served during regular business hours on the judge alleged to be disqualified at the courthouse in which the judge is sitting. The bill would, in addition to the clerk, permit service of the statement on the court
executive officer, provided that the judge is present in the courthouse or in chambers.
Existing law prohibits the state from seeking, obtaining, or imposing a criminal conviction or sentence on the basis of race, ethnicity, or national origin. Under existing law, a defendant may pursue relief for a violation of this prohibition by filing a motion pursuant to the provisions that prohibit this conduct, a petition for a writ of habeas corpus, or a motion to vacate a conviction or sentence.
The bill would authorize a judge to admit or deny the allegations in a defendant’s motion showing that the judge exhibited bias or animus towards the defendant because of the defendant’s race, ethnicity, or national origin in a written answer that sets forth any additional material or relevant facts. The bill would authorize a trial judge, if a motion is made during a trial and is based in whole or in part on the conduct of or statements
made by the trial judge, to stay or proceed with the trial until a hearing is held, as specified. The bill would require the motions that are made after a verdict is entered and prior to sentencing to be made before the judge issues a tentative sentence.

Current Bill Text

Download Bill PDF