CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Judicial Officers/Referees/Masters
.........Recusal
9 Cards On This Topic:
  • Judge who determines self to be disqualified should recuse self and not participate further in proceedings, except as provided by statute or permitted upon waiver.
  • Waiver of disqualification by parties.
  • Situations in which disqualification of judge cannot be waived.
  • Procedures when judge fails to properly disqualify self.
  • Appellate review of disqualification of judges.
  • Due Process Clause requires elected judge to recuse himself from case involving a campaign donor where likely potential for bias.
  • While actual bias not required to disqualify judge under DP clause, mere appearance of bias insufficient-there must be probability of actual bias by decisionmaker that is too high to be constitutionally tolerable.
  • Arbitrator's failure to disclose ex parte communication with opposing counsel is misconduct and grounds to vacate the award.
  • Judge who disqualified self from ruling on special issues without prior attorney being present may not thereafter rule on interwoven issues without notice.