Remember last year's AB2125 aimed at allowing parties to disqualify appellate justices on remand after reversal from the Court of Appeal? Well, that idea is back again this year in AB1073, which proposes adding a subdivision to CCP 170.6 to read as follows:
Following reversal by the California Supreme Court and remand to a court of appeal for further proceedings, other than of a ministerial nature, the presiding justice of the court of appeal shall assign the case to a panel of three justices and notify the parties of the assignment within 30 days of issuance of the remittitur to the court of appeal. A motion made under this paragraph directed to one or more justices of a court of appeal may only be made following reversal by the California Supreme Court of a court of appeal’s decision, where the court of appeal is required to conduct further proceedings other than of a ministerial nature, and may only be directed to the justice or justices who authored or concurred in the prior decision that was reversed and who is or are assigned to further consider the matter. Notwithstanding paragraph (4), the party who obtained the reversal of a decision of a court of appeal may make a motion under this section regardless of whether that party or side has previously done so. For cases reversed on or after January 1, 2026, the motion shall be made within 15 days after the party or the party’s attorney has been notified of the assignment. For cases reversed before January 1, 2026, and remaining pending as of the effective date of the act adding this subparagraph, the motion shall be made on or before January 16, 2026. Upon presentation of a motion under this paragraph directed to one or more justices of a court of appeal, the presiding justice may, at the presiding justice’s discretion, assign up to three new justices regardless of the number of justices to whom the motion is directed.
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