Can a judge who has been disqualified under section 170.6 hear any matter that involves a contested issue or fact?

California, United States of America


The following excerpt is from Brown v. Swickard, 163 Cal.App.3d 820, 209 Cal.Rptr. 844 (Cal. App. 1985):

The first sentence of section 170.6, subdivision (1) unambiguously states that no judge who has been disqualified under that section shall hear any [163 Cal.App.3d 831] matter therein which involves a contested issue of law or fact. Disqualification, moreover, is not limited to the particular motion, but deprives the judge of jurisdiction in all further contests in that action. (Brown v. Superior Court (1981) 124 Cal.App.3d 1059, 1061, 177 Cal.Rptr. 756.)

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