How do I change my judge in the state of California?

Question from fuxxsakes, How do I change my judge in the state of California?

Answer from AI:

Changing a judge in California can be a complex process, but it is possible under certain circumstances. This process is known as “judicial disqualification” or “recusal.” Below, we outline the general steps and considerations involved in requesting a change of judge in California.

Grounds for Disqualification

A judge in California can be disqualified for several reasons, including but not limited to:

• Personal bias or prejudice concerning a party or attorney.
• Having a financial interest in the outcome of the case.
• Having a close relationship with a party or attorney involved in the case.
• Previous involvement in the case as a lawyer or witness.

The relevant laws governing judicial disqualification in California include the California Code of Civil Procedure (CCP) Sections 170.1 to 170.6.

Steps to Request a Change of Judge

If you believe you have valid grounds for disqualification, follow these steps:

1. File a Motion: You must file a motion for disqualification. This motion should be supported by an affidavit or declaration stating the facts and reasons for the disqualification.
2. Timing: The motion must be filed at the earliest opportunity, typically before the trial or hearing begins. Under CCP Section 170.6, a peremptory challenge must be filed within 10 days after the party or attorney has notice of the assignment.
3. Serve the Motion: Serve the motion on all parties involved in the case.
4. Hearing: The court will schedule a hearing to consider the motion. During the hearing, you may need to present evidence supporting your claim for disqualification.
5. Decision: The judge will either grant or deny the motion. If granted, a new judge will be assigned to your case.

Legal Resources and Self-Help

For more detailed information, you can refer to the following resources:

• California Code of Civil Procedure Section 170.1
• California Courts Self-Help Center

When to Consult a Legal Professional

While this guide provides a general overview, the process of disqualifying a judge can be legally intricate. It is advisable to consult with a legal professional to ensure that your motion is properly prepared and filed. An attorney can provide personalized advice based on the specifics of your case and help you navigate the legal system effectively.

Remember, this information is intended to be a general guide. For personalized legal advice, always consult with a qualified attorney.