The Ethics of Judicial Challenges

San Francisco Lawyers Chapter

Speaker:

  • David A. DeGroot, Esq., Trial Attorney and President, San Francisco Federalist Society

Speaker:

  • David A. DeGroot, Esq., Trial Attorney and President, San Francisco Federalist Society

California Code of Civil Procedure section 170.6 provides that a party may disqualify one judge from a case by filing an affidavit declaring that the judge is prejudiced or biased.

Under what circumstances can an attorney ethically file such an affidavit? Does the ability to challenge
judges harm judicial independence, or does it  provide a useful check on judicial performance?

 

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This activity is approved for 1.0 hours of MCLE ethics credit.