Legal Question in Civil Litigation in California
If an "Official" (Judge, Prosecutor, Lawyer) has a financial interest in the outcome of a case, by law (CCP 170.1., etc.) they must disqualify themselves from the case, that they're involved in... The term "Financial Interest in the Case" means that they and/or they spouse/child have a potential financial benefit coming to them from the case... BUT, what if the "Official" is only interested in one of the parties (not related to the "Official") saving money expenses and/or generating money for just the defendant themselves, in the case, and not the "Official and/or the Official's family" making any money at all? Would that be considered, that the "Official" has a financial interest in the case, because the "Official" is looking out for the financial benefit of the defendant or any other party in the case, in a Superior Court, unlimited jurisdiction proceeding.
1 Answer from Attorneys
No. But if the "official" is showing a bias in favor of one party(s) financial interest over another, they either should recuse themselves, or can be challenged by a motion to disqualify. For the motion you need a convincing record (preferably by transcripts of proceedings in which the bias has been shown) since the issue of disqualification will be "tried" before another judge, not the one under challenge.
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