QUESTION

Are these grounds for a judge to recuse himself?

Asked on Feb 14th, 2013 on Civil Litigation - California
More details to this question:
Before he became a judge, the judge and one of the defendants were partners in the same law firm (same building). The defendant is a lawyer being sued in their official capacity as a member of a local school board. She is a material witness besides a defendant, and the time period in question as a school board member being sued is the same period of time they worked together as partners.
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1 ANSWER

Insurance Defense Attorney serving El Cajon, CA at The Law Offices of John E. Petze
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Dear Alison, In the California Rules of Court Supplement, Judical Canon 3 states that Judges must perform his/her duties "impartially, competently, and diligently" and that whenever there is the "appearance" of impropriety, they should recuse themselves.  Filing a Motion to disqualify a Judge can be risky -- Judges are people too; they talk to each other and they can "take things personally."  In addition, your Motion will be part of the Court file so your next Judge will see it. If you have not filed an Answer yet or if you are still within 20 days of having your Judge assigned to the case, you can file a Peremptory Challenge under C.C.P. Section 170.6, which does not require that a reason be stated. What I would consider significant is whether your Judge was also involved in school board activities somehow and whether your defendant and the Judge were "more than" professional partners, i.e., close friends whose families frequently socialized, etc.  Many law partners are not that close with each other outside the office.  Good luck with your case.
Answered on Feb 18th, 2013 at 3:38 PM

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