CALIFORNIA CODE OF CIVIL PROCEDURE
DISQUALIFICATIONS OF JUDGES FOR CAUSE
CCP Section 170.3
(a) (1) If a judge determines himself or herself to be disqualified, the
judge shall notify the presiding judge of the court of his or her recusal
and shall not further participate in the proceeding, except as provided
in Section 170.4, unless his or her disqualification is waived by the
parties as provided in subdivision (b).
(2) If the judge disqualifying himself or herself is the only judge or
the presiding judge of the court, the notification shall be sent to the
person having authority to assign another judge to replace the disqualified judge.
(b) (1) A judge who determines himself or herself to be disqualified after
disclosing the basis for his or her disqualification on the record may
ask the parties and their attorneys whether they wish to waive the disqualification,
except where the basis for disqualification is as provided in paragraph
(2). A waiver of disqualification shall recite the basis for the disqualification,
and is effective only when signed by all parties and their attorneys and
filed in the record.
(2) There shall be no waiver of disqualification if the basis therefor
is either of the following:
(A) The judge has a personal bias or prejudice concerning a party.
(B) The judge served as an attorney in the matter in controversy, or the
judge has been a material witness concerning that matter.
(3) The judge shall not seek to induce a waiver and shall avoid any effort
to discover which lawyers or parties favored or opposed a waiver of disqualification.
(4) If grounds for disqualification are first learned of or arise after
the judge has made one or more rulings in a proceeding, but before the
judge has completed judicial action in a proceeding, the judge shall,
unless the disqualification be waived, disqualify himself or herself,
but in the absence of good cause the rulings he or she has made up to
that time shall not be set aside by the judge who replaces the disqualified judge.
(c) (1) If a judge who should disqualify himself or herself refuses or
fails to do so, any party may file with the clerk a written verified statement
objecting to the hearing or trial before the judge and setting forth the
facts constituting the grounds for disqualification of the judge. The
statement shall be presented at the earliest practicable opportunity after
discovery of the facts constituting the ground for disqualification. Copies
of the statement shall be served on each party or his or her attorney
who has appeared and shall be personally served on the judge alleged to
be disqualified, or on his or her clerk, provided that the judge is present
in the courthouse or in chambers.
(2) Without conceding his or her disqualification, a judge whose impartiality
has been challenged by the filing of a written statement may request any
other judge agreed upon by the parties to sit and act in his or her place.
(3) Within 10 days after the filing or service, whichever is later, the
judge may file a consent to disqualification in which case the judge shall
notify the presiding judge or the person authorized to appoint a replacement
of his or her recusal as provided in subdivision (a), or the judge may
file a written verified answer admitting or denying any or all of the
allegations contained in the party's statement and setting forth any
additional facts material or relevant to the question of disqualification.
The clerk shall forthwith transmit a copy of the judge's answer to
each party or his or her attorney who has appeared in the action.
(4) A judge who fails to file a consent or answer within the time allowed
shall be deemed to have consented to his or her disqualification and the
clerk shall notify the presiding judge or person authorized to appoint
a replacement of the recusal as provided in subdivision (a).
(5) A judge who refuses to recuse himself or herself shall not pass upon
his or her own disqualification or upon the sufficiency in law, fact,
or otherwise, of the statement of disqualification filed by a party. In
that case, the question of disqualification shall be heard and determined
by another judge agreed upon by all the parties who have appeared or,
in the event they are unable to agree within five days of notification
of the judge's answer, by a judge selected by the chairperson of the
Judicial Council, or if the chairperson is unable to act, the vice chairperson.
The clerk shall notify the executive officer of the Judicial Council of
the need for a selection. The selection shall be made as expeditiously
as possible. No challenge pursuant to this subdivision or Section 170.6
may be made against the judge selected to decide the question of disqualification.
(6) The judge deciding the question of disqualification may decide the
question on the basis of the statement of disqualification and answer
and any written arguments as the judge requests, or the judge may set
the matter for hearing as promptly as practicable. If a hearing is ordered,
the judge shall permit the parties and the judge alleged to be disqualified
to argue the question of disqualification and shall for good cause shown
hear evidence on any disputed issue of fact. If the judge deciding the
question of disqualification determines that the judge is disqualified,
the judge hearing the question shall notify the presiding judge or the
person having authority to appoint a replacement of the disqualified judge
as provided in subdivision (a).
(c) The Judicial Council shall, by January 1, 2012, adopt a statewide rule
of court to implement this section.
(d) The determination of the question of the disqualification of a judge
is not an appealable order and may be reviewed only by a writ of mandate
from the appropriate court of appeal sought only by the parties to the
proceeding. The petition for the writ shall be filed and served within
10 days after service of written notice of entry of the court's order
determining the question of disqualification. If the notice of entry is
served by mail, that time shall be extended as provided in subdivision
(a) of Section 1013.