BILL NUMBER: AB 1322	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2005
	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 
 specified conditions apply  .
   This bill would  modify   add to  those
grounds for disqualification  to 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 judge has been engaged in employment or service as a dispute
resolution neutral, and would modify the conditions under which
these grounds for disqualification apply  . The bill would
define "participating in discussions" for purposes of these
provisions  , and would provide a statement of legislative intent
 .
   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, discussions regarding the prospective employment or
service,  or has been engaged in such employment or service,
 and any of the following applies:
   (i) The arrangement is, or the  prior employment or 
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  . process. 
    (iii)     process or an
award or other final decision by a dispute resolution neutral. 
    (iii)     The   judge directs the
parties to participate in an alternative dispute resolution process
in which the dispute resolution neutral will be an individual or
entity with whom the judge has the arrangement, has previously been
employed or served, or is discussing or has discussed the employment
or service. 
    (iv)  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"  or "has participated in
discussion"  means that the judge  actively participated
in making inquiries regarding the terms or conditions of
 solicited or otherwise indicated an interest in accepting or
negotiating  possible employment or service as an alternative
dispute resolution neutral  or responded to an unsolicited
statement regarding, or an offer of, such employment or service by
expressing an interest in that employment or service or encouraging
the person making the statement or offer to provide additional
information about that possible employment or service  . If a
judge's response to  an unsolicited statement regarding,  a
question about  ,  or offer of  ,  prospective
employment or other compensated service as a dispute resolution
neutral is limited to  responding negatively,  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.
   (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.
  SEC. 2.    It is the intent of the Legislature in enacting this
act to construe and clarify the meaning and effect of existing law
and to reject the interpretation given to the law in Hartford
Casualty Ins. Co. v. Superior Court of Los Angeles (2004) 125
Cal.App.4th 250.