BILL NUMBER: AB 1322	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2005

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 amended, 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  and either the arrangement is,
or the discussion was, with a party to the proceeding, or 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  .
   This bill would modify those grounds for disqualification to
 require more than casual discussions regarding prospective
employment   apply when (1) the arrangement is, or the
discussion was, with a party to the proceeding, (2) the matter before
the judge includes issues relating to the enforcement of an
agreement to submit a dispute to an alternative dispute resolution
process, or (3) the judge will select or use a dispute resolution
neutral or entity to conduct an alternative dispute resolution
process in the matter before the judge, and among those available for
selection is an individual or entity with whom the judge has the
arrangement or with whom the judge is discussing or has discussed the
employment or service. The bill would define "participating in
discussions" for purposes of these provisions  .
   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:
   (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.
   (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 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:
   (i) A spouse or minor child living in the household has a
financial interest.
   (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:
   (i) The judge believes his or her recusal would further the
interests of justice.
   (ii) The judge believes there is a substantial doubt as to his or
her capacity to be impartial.
   (iii) A person aware of the facts might reasonably entertain a
doubt that the judge would be able to be impartial.
   (B) Bias or prejudice 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 the prospective employment or service, and  either
  any  of the following applies:
   (i) The arrangement is, or the discussion was, with a party to the
proceeding.
   (ii) The matter before the judge includes issues relating to the
enforcement of an agreement to submit a dispute to  an 
alternative dispute resolution   or the appointment or use of
a dispute resolution neutral  .
    (B)     For purposes of
this paragraph, "party"   process.  
   (iii) The judge will select or use a dispute resolution neutral or
entity to conduct an alternative dispute resolution process in the
matter before the judge, and among those available for selection is
an individual or entity with whom the judge has the arrangement or
with whom the judge is discussing or has discussed the employment or
service.   
   (B) For the purposes of this paragraph, all of the following
apply:  
   (i) "Participating in discussions" means that the judge actively
participated in making inquiries regarding the terms or conditions of
possible employment or service as an alternative dispute resolution
neutral. If a judge's response to a question about or offer of
prospective employment or other compensated service as a dispute
resolution neutral is limited to declining the offer or declining to
discuss such employment or service, that response does not constitute
participating in discussions. 
    (ii)     "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, "dispute 
    (iii)     "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.