BILL ANALYSIS
AB 1894
Page 1
ASSEMBLY THIRD READING
AB 1894 (Monning)
As Amended April 7, 2010
Majority vote
JUDICIARY 9-0
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|Ayes:|Feuer, Harkey, Brownley, | | |
| |Evans, Hagman, Jones, | | |
| |Huffman, Monning, Nava | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Extends, for civil cases only, the time period for
moving to disqualify a judge for prejudice from 10 to 15 days
and requires the party challenging the judge to notify all other
parties within five days of making the motion.
EXISTING LAW :
1)Permits any party or any attorney appearing in a civil or
criminal matter to make a motion challenging a superior court
judge, commissioner, or referee that is assigned to the
matter. Specifies that the motion, which may be written or
oral, must be supported by an affidavit or declaration made
under penalty of perjury that the assigned judge,
commissioner, or referee is prejudiced against the party or
attorney and therefore cannot give the party or attorney a
fair and impartial trial or hearing.
2)Provides that the motion described above must be made to the
assigned judge or the presiding judge within 10 days after the
all purpose assignment, or if the party has not yet appeared
in the action, then within 10 days after appearance.
3)Provides, under the Trial Court Delay Reduction Act, that in a
case subject to delay reduction rules the time for challenging
the assignment of a judge, commissioner, or referee shall be
exercised, in direct calendar courts, within 15 days of the
party's first appearance, whereas challenges made in master
calendar courts shall be made within the 10-day period
provided in Code of Civil Procedure Section 170.6.
AB 1894
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FISCAL EFFECT : None
COMMENTS : This non-controversial measure, which is sponsored by
the Consumer Attorneys of California, seeks to reconcile two
statutes that have apparently created confusion surrounding the
appropriate time frame in which a party may challenge the
assignment of a particular superior court judge, commissioner,
or referee (hereafter "judge") in a civil case. Under existing
law any party or any attorney has a right to make a peremptory
challenge to the judge assigned to the case. The motion to
challenge, which can be made orally or in writing, must be
supported by an affidavit and declaration stating that the party
or attorney believes that the assigned judge is prejudiced
against the party or attorney to such an extent that the party
or attorney will be denied a fair and impartial trial. The
party or attorney does not need establish the facts showing this
prejudice, but only needs to attest under penalty of perjury his
or her belief that the judge is prejudiced. Under the Code of
Civil Procedure, the motion to exercise the challenge must be
made within 10 days of the all purpose assignment.
However the Trial Court Delay Reduction Act of 1990 (Government
Code Section 68600 et seq.) creates a special rule for cases
subject to the Act to delay reduction rules (so-called "fast
track" cases). Under the Act, the time frame for making a
motion to challenge the assignment of the judge is 15 days if it
is in a "direct calendar" court and 10 days if it is a "master
calendar" court. In practice, the different code provisions can
create confusion as to the whether a 10-day or 15-day period
applies - depending as it does on whether the case is designated
"fast track" and whether it is in a "direct calendar" or "master
calendar" court. In order to eliminate the confusion, this bill
would create a uniform 15-day period for all civil cases.
Criminal cases would continue to be subject to the 10-day
period. This bill would delete the provision in the Trial Court
Reduction Act that creates the 10- and 15-day distinction, as
this will no longer be necessary since all civil cases will be
subject to the 15-day rule.
In addition, this bill will codify existing court practice by
requiring the party making the challenge to notify all other
parties within five days after making the motion.
AB 1894
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Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
FN: 0003857