A party can move to disqualify a judge for cause at any time during a case.
In any given courthouse, you will likely find a party to a legal case (civil or criminal) who is convinced that the judge is not fair. While judges are required to be impartial by their code of ethics, they are only human — and sometimes, their own biases may come into play.
In California, there are two methods by which a party in a court case can disqualify a judge. First, a San Bernardino criminal defense lawyer can use what is known as a preemptory challenge. To do so, a party must allege that the judge is biased, but he or she is not required to prove any factual basis for the claim. The challenge must simply be filed on time and in a proper manner. To be timely, the challenge must be filed within the first 10 days of being assigned a judge, or before a judge makes a finding or law or fact on the merits of a case.
Second, a San Bernardino criminal defense lawyer can file a motion to disqualify “for cause.” Filing a motion to disqualify on this basis is much more challenging. Unlike preemptory challenges, a party must clearly establish potential bias and prejudice by an objective standard.
So what types of situations might be grounds for disqualification? One of the more common grounds is that a “person aware of the facts might reasonably entertain a doubt concerning the judge’s ability to be impartial.” In other words, based on the facts of the case, a reasonable person might believe that the judge would be biased. For example, if a defendant was accused of selling cocaine and the judge had purchased cocaine from him, the judge should recuse himself (an actual case!). Similarly, if a judge had previously prosecuted a defendant and the defendant was brought before the court for his “third strike,” that may warrant disqualification
Other situations where the judge may be required to disqualify herself or himself may be if the judge has personal knowledge of facts in dispute in the case, or if the judge has expressed a view on any legal or factual issue at stake in the case. If the judge has represented any party in the case, that may also be a basis for disqualification.
There are many other potential grounds for disqualification based on California law and on the facts of each case. If you have been charged with a crime, a skilled San Bernardino criminal defense lawyer can work with you to determine if a motion for disqualification is appropriate. The risks and benefits of disqualification should be weighed carefully, particularly given that you may have the same judge if your motion is unsuccessful.
At the Chambers Law Firm, our team of legal professionals is highly experienced at all phases of the legal process, including working to disqualify judges when necessary. We strongly believe that our clients have a right to a fair, impartial trial. To learn more or to schedule a free initial consultation with a San Bernardino criminal defense lawyer, contact us today at 714-760-4088 or dchambers@clfca.com.
