Advice About Justice Disqualification

Committee Issues Advice About Appellate Justice Disqualification

The Supreme Court Committee on Judicial Ethics Opinions (CJEO) today posted a summary of oral advice stating appellate justices should disqualify themselves from a case if they were removed by peremptory challenge while hearing the case as a trial judge.

In a summary of the advice posted on the CJEO website, the committee concludes that the ethics rule requiring disqualification when a reasonable person would doubt the justice's ability to be impartial applies. (Cal. Code of Judicial Ethics, canon 3E(4)(c).)

Peremptory challenges do not apply to appellate justices, but the Code of Judicial Ethics requires justices to consider the appearance of impartiality in each case.  A peremptory challenge allows a party to disqualify a trial judge without proof of bias, and the right is liberally construed in favor of the party who asserts it.