Legal Question in Civil Litigation in California
Trial judge also the judge at the mandatory settlement conference!
How can I get another judge for the mandatory settlement conference?
2 Answers from Attorneys
Re: Trial judge also the judge at the mandatory settlement conference!
To object and refuse to allow him to hear it is your right, at risk of alienating him for the trial.
Re: Trial judge also the judge at the mandatory settlement conference!
If you don't have your own attorney, contact the court clerk and tell her/him that you have nothing against the judge, but it you want someone else to conduct the settlement conference. Judges usually are sensitive to that, especially because they'll hear stuff at the settlement conference that they might not hear at trial, including strategy, etc. Most judges are able to sort through this stuff and remain impartial at trial, but if the appearance of potential bias bothers you, it's best that someone else conduct the settlement conference. Some courts set the settlement conference in the courtroom, but bring in outside assistance. Maybe that's the situation in your case. Make further inquiry.