BILL NUMBER: AB 1322	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 22, 2005

   An act to amend Section 170.1 of the Code of Civil Procedure,
relating to judges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1322, as introduced, Evans.   Judges: disqualification.
   Existing law sets forth the grounds for disqualification of a
judge, including, but not limited to, the judge has a current
arrangement concerning prospective employment or other compensated
service as a dispute resolution neutral or is participating in, or,
within the last 2 years has participated in, discussions regarding
prospective employment or service.
   This bill would modify those grounds for disqualification to
require more than casual discussions regarding prospective
employment.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 170.1 of the  Code of Civil Procedure  is
amended to read:
   170.1.  (a) A judge shall be disqualified if any one or more of
the following is true:(1)  (A)    The judge has
personal knowledge of disputed evidentiary facts concerning the
proceeding.
    (B)    A judge shall be deemed to have personal
knowledge within the meaning of this paragraph if the judge, or the
spouse of the judge, or a person within the third degree of
relationship to either of them, or the spouse of such a person is to
the judge's knowledge likely to be a material witness in the
proceeding.
   (2)  (A)    The judge served as a lawyer in the
proceeding, or in any other proceeding involving the same issues he
or she served as a lawyer for any party in the present proceeding or
gave advice to any party in the present proceeding upon any matter
involved in the action or proceeding.
    (B)    A judge shall be deemed to have served
as a lawyer in the proceeding if within the past two years:  

   (A) 
    (i)    A party to the proceeding or an officer,
director, or trustee of a party was a client of the judge when the
judge was in the private practice of law or a client of a lawyer with
whom the judge was associated in the private practice of law
 ; or  .  
   (B) 
    (ii)    A lawyer in the proceeding was
associated in the private practice of law with the judge.
    (C)    A judge who served as a lawyer for or
officer of a public agency  which   that 
is a party to the proceeding shall be deemed to have served as a
lawyer in the proceeding if he or she personally advised or in any
way represented the public agency concerning the factual or legal
issues in the proceeding.
   (3)  (A)    The judge has a financial interest
in the subject matter in a proceeding or in a party to the
proceeding.
    (B)    A judge shall be deemed to have a
financial interest within the meaning of this paragraph if:  

   (A) 
    (i)    A spouse or minor child living in the
household has a financial interest  ; or   .
 
   (B) 
    (ii)    The judge or the spouse of the judge is
a fiduciary who has a financial interest.
    (C)    A judge has a duty to make reasonable
efforts to inform himself or herself about his or her personal and
fiduciary interests and those of his or her spouse and the personal
financial interests of children living in the household.
   (4) The judge, or the spouse of the judge, or a person within the
third degree of relationship to either of them, or the spouse of such
a person is a party to the proceeding or an officer, director, or
trustee of a party.
   (5) A lawyer or a spouse of a lawyer in the proceeding is the
spouse, former spouse, child, sibling, or parent of the judge or the
judge's spouse or if such a person is associated in the private
practice of law with a lawyer in the proceeding.
   (6)  (A)    For any reason  (A) the
  : 
    (i)     The  judge believes his or her
recusal would further the interests of justice  , (B) the
  . 
    (ii)     The  judge believes there is
a substantial doubt as to his or her capacity to be impartial
 , or (C) a   . 
    (iii)     A  person aware of the facts
might reasonably entertain a doubt that the judge would be able to
be impartial.   Bias 
    (B)     Bias  or prejudice 
towards   toward  a lawyer in the proceeding may be
grounds for disqualification.
   (7) By reason of permanent or temporary physical impairment, the
judge is unable to properly perceive the evidence or is unable to
properly conduct the proceeding.
   (8)  (A)    The judge has a current arrangement
concerning prospective employment or other compensated service as a
dispute resolution neutral or is participating in, or, within the
last two years has participated in,  more than casual 
discussions regarding  such   the 
prospective employment or service, and either of the following
applies:  
   (A) 
    (i)    The arrangement is, or the discussion
was, with a party to the proceeding.  
    (B) 
    (ii)    The matter before the judge includes
issues relating to the enforcement of an agreement to submit a
dispute to alternative dispute resolution or the appointment or use
of a dispute resolution neutral.
    (B)    For purposes of this paragraph, "party"
includes the parent, subsidiary, or other legal affiliate of any
entity that is a party and is involved in the transaction, contract,
or facts that gave rise to the issues subject to the proceeding.
    (C)    For purposes of this paragraph, 
a  "dispute resolution neutral" means an arbitrator,
mediator, temporary judge appointed under Section 21 of Article VI of
the California Constitution, referee appointed under Section 638 or
639, special master, neutral evaluator, settlement officer, or
settlement facilitator.
   (b) A judge before whom a proceeding was tried or heard shall be
disqualified from participating in any appellate review of that
proceeding.
   (c) At the request of a party or on its own motion an appellate
court shall consider whether in the interests of justice it should
direct that further proceedings be heard before a trial judge other
than the judge whose judgment or order was reviewed by the appellate
court.