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California Judges Benchguides: Disqualification of Judge for Bias. Published by Judicial Council of California. No actual bias required. Actual bias need not be present. Roitz v Coldwell Banker Residential Brokerage Co., supra, 62 CA4th at 723. If an average person could entertain doubt about the judge’s impartiality, disqualification is mandated. Catchpole v Brannon (1995) 36 CA4th 237, 246, 42 CR2d 440. An appellate court will not speculate about whether the bias was actual or merely apparent; reversal is required in such a case, with remand of the matter to a different judge for a new hearing on all issues. CCP §170.1(c); In re Wagner (2005) 127 CA4th 138, 147–149, 25 CR3d 201; Roitz v Coldwell Banker Residential Brokerage Co., supra, 62 CA4th at 723; Catchpole v Brannon, supra, 36 CA4th at 247; discussion in §§2.20–2.21.
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Actual Bias Need Not Be Present: Disqualification of Judge Mandated California Judges Benchguide - Judicial Council of California - Commission on Judicial Performance California - Judicial Ethics - Conflicts of Interest - Disclosure - Disqualification - Recusal
California Judges Benchguides: Disqualification of Judge for Bias. Published by Judicial Council of California. No actual bias required. Actual bias need not be present. Roitz v Coldwell Banker Residential Brokerage Co., supra, 62 CA4th at 723. If an average person could entertain doubt about the judge’s impartiality, disqualification is mandated. Catchpole v Brannon (1995) 36 CA4th 237, 246, 42 CR2d 440. An appellate court will not speculate about whether the bias was actual or merely apparent; reversal is required in such a case, with remand of the matter to a different judge for a new hearing on all issues. CCP §170.1(c); In re Wagner (2005) 127 CA4th 138, 147–149, 25 CR3d 201; Roitz v Coldwell Banker Residential Brokerage Co., supra, 62 CA4th at 723; Catchpole v Brannon, supra, 36 CA4th at 247; discussion in §§2.20–2.21.
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California Judges Benchguides: Disqualification of Judge for Bias. Published by Judicial Council of California. No actual bias required. Actual bias need not be present. Roitz v Coldwell Banker Residential Brokerage Co., supra, 62 CA4th at 723. If an average person could entertain doubt about the judge’s impartiality, disqualification is mandated. Catchpole v Brannon (1995) 36 CA4th 237, 246, 42 CR2d 440. An appellate court will not speculate about whether the bias was actual or merely apparent; reversal is required in such a case, with remand of the matter to a different judge for a new hearing on all issues. CCP §170.1(c); In re Wagner (2005) 127 CA4th 138, 147–149, 25 CR3d 201; Roitz v Coldwell Banker Residential Brokerage Co., supra, 62 CA4th at 723; Catchpole v Brannon, supra, 36 CA4th at 247; discussion in §§2.20–2.21.
Droits d'auteur :
Public Domain
Formats disponibles
Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
and attorney for party, although indirect, could raise doubts about arbitrators impartiality). No actual bias required. Actual bias need not be present. Roitz v Coldwell Banker Residential Brokerage Co., supra, 62 CA4th at 723. If an average person could entertain doubt about the judges impartiality, disqualification is mandated. Catchpole v Brannon (1995) 36 CA4th 237, 246, 42 CR2d 440. An appellate court will not speculate about whether the bias was actual or merely apparent; reversal is required in such a case, with remand of the matter to a different judge for a new hearing on all issues. CCP 170.1(c); In re Wagner (2005) 127 CA4th 138, 147149, 25 CR3d 201; Roitz v Coldwell Banker Residential Brokerage Co., supra, 62 CA4th at 723; Catchpole v Brannon, supra, 36 CA4th at 247; discussion in 2.202.21.
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