Legal Question in Appeals and Writs in California

Complaints and grievances angainst a judge.

How would someone file a legal complaint or greivance against a judge who is absolutely set on sending as many citizens to jail and making as much money for the county as possible at everyone elses expense? I would also like information on how to get cases moved to a different court due to the reason listed above. Are the spcified forms that must be used?


Asked on 8/08/00, 4:18 pm

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: Complaints and grievances angainst a judge.

The Commission on Judicial Performance is the state agency empowered to investigate judicial misconduct. What you describe is probably insufficient to consitute misconduct unless the judge admits that he is acting with this motivation. There are provisions in the law that permit a party to disqualify a judge from acting in a particular case. Code of Civil Procedure Section 170.6 (which applies to criminal cases and civil cases) permits a party to disqualify one judge without stating a reason. The disqualification is automatic and no hearing may be held to challenge it. However, the 170.6 disqualification must be exercised timely or it will be denied.

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Answered on 9/13/00, 9:37 pm


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