Judicial officers: disqualification.

Existing law authorizes a party or attorney in an action or proceeding to move to disqualify a judge, court commissioner, or referee for prejudice against a party or attorney or the interest of a party or attorney, as specified. Prejudice may be established by an oral or written motion without notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge, court commissioner, or referee is prejudiced against a party or attorney, or the interest of the party or attorney, so that the party or attorney cannot, or believes that they cannot, have a fair and impartial trial or hearing. Existing law requires, in specified circumstances, the Chair of the Judicial Council to assign some other judge, court commissioner, or referee to try the cause or hear the matter as promptly as possible. The bill would require the California Law Revision Commission to deliver, on or before September 30, 2027, a study regarding the recusal of judicial officers for prejudice and conflict of interest, as specified. The bill would require the California Law Revision Commission to consult with the Commission on Judicial Performance in developing the study. This bill would make these provisions inoperative on September 30, 2031, and would repeal it as of January 1, 2032.