Legal Question in Administrative Law in California
how do I disqualify a highly prejudiced judge?
I had a hearing on my petition for writ of ordinary mandate. I was supposed to get the ''independent judgment'' of the court on the matter, per stare desis on the matter as far as I could see. But the judge tentatively ruled to deny my writ, but did so on clearly erroneous facts provided by the Respondent, who only provided erroneous facts. It was like shooting fish in a barrel to knock out all the erroneous facts of the Respondent, who should have been embarrassed. The Judge too should have been embarrassed. I asked him for a ruling as to what level of review I would be arguing under, his ''independent judgment?'' But he did not say and just said ''Argue or I will deny your writ right now!'' (Yelling, basically.) He did ultimately deny my writ, on an unstated basis, though I am sure he will cook something up in his minute order. I must now appeal, this matter is to critically important to me and my life. So let's say I appeal and I win? I don't want to see this jerk judge any more. Is there any way to disqualify him? (I really deserve a rehearing he was so rude and prejudiced -- a sick man). What can I do?
2 Answers from Attorneys
Re: how do I disqualify a highly prejudiced judge?
Sounds like the case is over, and you lost. If it was so critically important to your life, why didn't you have a lawyer?
Re: how do I disqualify a highly prejudiced judge?
The starting point would be to retain a lawyer who could tell you whether your case had any merit. I think you have posted on this site before, and if I recall, your issue has to do with the alleged failure of a public college to perform what you call a ministerial act in giving you advanced standing, additional credit, or administering some examination.
The second step would be to check into the judge's reputation. If the judge is experienced and respected, that's not helpful. One would also have to find grounds for claiming prejudice. An unfavorable outcome alone does not prove judicial prejudice.
A third step would be to review the entire transcript for erroneous rulings and improper remarks by the judge. If the judge was rude and is a "sick man," an attorney who does a lot of trial work would be able to pinpoint deviations from judicial conduct norms, and also spot instances where your conduct of your case and yourself might have provoked the judge's anger with reason. You can't do this yourself.
If you send me the judge's name in private to my e-mail, I can look him up in a publication that discusses most California judges' reputations, backgrounds, propensities, etc. as reported by lawyers that appear before them, and let you know what others think of your judge.
However, I don't think you have a realistic chance of prevailing on appeal or disqualifying the judge without legal representation.
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