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