Can a judge be disqualified from hearing a matter involving a contested issue of law or fact?

California, United States of America


The following excerpt is from Astourian v. Superior Court, 226 Cal.App.3d 720, 276 Cal.Rptr. 657 (Cal. App. 1990):

Section 170.6 prohibits a judge from hearing any matter involving a contested issue of law or fact if it has been established by a timely motion of "[a]ny party to or any attorney appearing in" the proceeding, supported by an affidavit or declaration under penalty of perjury or an oral statement under oath, that "the judge ... is prejudiced against any such party or attorney ... so that the party or attorney cannot or believes that he or she cannot have a fair and impartial trial or hearing before the judge." As stated in Jacobs v. Superior Court (1959) 53 Cal.2d 187, 190, 1 Cal.Rptr. 9, 347 P.2d 9, "Facts showing prejudice need not be alleged or proved, and, where a timely motion to disqualify is made, supported by an affidavit alleging prejudice, the case or matter, without any further act or proof, must be assigned to another judge for trial or hearing."

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