Can a judge who determines that she is disqualified participate in the proceeding?

California, United States of America


The following excerpt is from Stupp v. Schilders (In re Marriage of Stupp), A152079 (Cal. App. 2019):

A judge who determines that she is disqualified must recuse herself and not further participate in the proceeding, unless the disqualification is waivable and waived in writing. ( 170.3, subd. (a)(1).) If grounds for disqualification first arise or are first learned by the judge after the judge has ruled in a proceeding but before she has completed judicial action in that proceeding, the judge shall disqualify herself unless the grounds for disqualification are waived. ( 170.3, subd. (b)(4); Hayward v. Superior Court (2016) 2 Cal.App.5th 10, 45 (Hayward).)

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