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Before hearing a case, verify that you are not disqualified. You are disqualified if one or more of the following are true [CCP §170.1]:
- You have personal knowledge of disputed evidentiary facts concerning the proceeding.
- You served as a lawyer in the current proceeding, or in any past proceeding involving the same issues, you served as a lawyer for anyone now a party in the current proceeding or gave advice to any party in the current proceeding on any matter involved in the action or proceeding.
- You, your spouse, or your minor child residing with you has a financial interest in the subject matter of the proceeding or in a party to the proceeding.
- You, your spouse, a person within the third degree of relationship to either of you, or the spouse of such a person is a party to the proceeding or is an officer, director, or trustee of a party.
- For any reason,
- you believe your recusal would further the interests of justice,
- you believe there is substantial doubt about your capacity to be impartial, or
- a person aware of the facts might reasonably entertain a doubt that you would be able to be impartial.
Bias or prejudice toward a lawyer in the proceeding may be grounds for disqualification.
- By reason of permanent or temporary physical impairment, you are unable to properly perceive the evidence or unable to properly conduct the proceeding.
Click here for a list of these disqualification grounds.
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You may be disqualified by a peremptory challenge if a party files an affidavit stating that the party believes he or she cannot have a fair trial before you. [CCP §170.6.] If you sit as a temporary judge, you must disqualify yourself as provided under the Code of Judicial Ethics. [CRC 2.818(a).] Absent good cause, an attorney also may not serve as a temporary judge if he or she is [CRC 2.818(b)]:
- Appearing on the same day in the same courthouse as an attorney or party in any type of case; or
- A party to any action or proceeding in the court in the same type of case.
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