Case# D05-00622, ORDER
The court on its own motion hereby recuses herself from presiding in further proceedings in this matter pursuant to Code of Judicial Ethics 3(E)(1) and Code of Civil Procedure, Section 170.1 (a)(1)(6) (i) and (ii). The previously calendared dates for mandatory settlement conference on September 9, 2006 and trial on October 12, 2006 are hereby vacated and the case is transferred to Judge Barry Baskin, Family Law Supervising Judge, for
re-assignment and immediate resumption of the proceedings. It is so ordered this
21st day of August, 2006 at Martinez, California.
Signed Josanna Berkow
Commissioner/Judge Pro Tempore
Which means:
Code of Judicial Ethics:
E. Disqualification
A judge shall disqualify himself or herself in any proceeding in which
disqualification is required by law.* In all trial court proceedings, a judge
shall disclose on the record information that the judge believes the parties or
their lawyers might consider relevant to the question of disqualification, even
if the judge believes there is no actual basis for disqualification.
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.
(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.
the judge
If the political rival is a party in the suit, as opposed to an attorney, it is best for the judge to be recused. More details would be needed to determine whether recusal was necessary, however, if it would create an appearance of inpropriety, recusal is required.
Recusal or judicial disqualification.
The correct spelling is "recusal" (removal from participation in a judicial or official action).The verb form is to recuse.
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