California attorney Neil Shouse explains the process of how to recuse a judge from presiding over a criminal trial or civil procedure.
Code of Civil Procedure 170.1 CCP lays out the groundwork for removing a judge from either a criminal trial or civil trial. A motion to recuse a judge is the legal process also known as a "for cause" challenge. A motion to recuse can be made by either a criminal defense attorney or a prosecutor in criminal trial, and by either the plaintiff or defendant in a civil case. If the motion is granted, then a new judge will be assigned to the trial.
There are several reasons why a judge can be removed or disqualified from trial, including: The judge personally knows information about the facts of the case, the judge at one time served as an attorney in the case, the judge would benefit financially from the outcome of the case in a way that makes them biased, or the judge or his/her spouse is a party in the case. But any reason that might make a judge unfairly partial to one side or the other, could possibly lead to a recusal.
The Fifth and Fourteenth Amendments to the United States Constitution contain "due process" clauses which state that everybody is entitled to fair and impartial trials. A large part of that right is making sure the judge is not biased. Code of Civil Procedure 170.1 CCP lays out how that process is handled in a California court.
More info at https://www.shouselaw.com/motion-to-r...
or call (888) 327-4652 for a free consultation.
Contact our attorneys here at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
Remove a judge from a trial? -- Code of Civil Procedure 170.1 CCP crime podcast | |
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| Education | Upload TimePublished on 24 Sep 2019 |
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