Disqualification of Judge in California

[GarrettR]

California Law:Family Law

I have been in court a few times and filed a year ago. I am pro per petitioner and the defendant has an attorney. I noticed my judge has favored the defendants side. A few people have made comment that he might not want a me to prevail since I am representing myself and have not passed the BAR. My bailiff and I talk to each other a lot. He has also informed me that he believes the Judge does not like Military Veterans. He has also stated to me that he can tell he really does not like me.
So while in court I go over a few laws about my rights. I have gone over a few things with the 14th amendment and state statues. I have question why my rights are not being protected. It seems every single time he tells me that he does not care and this is how its going to be. I have tried to submit evidence to show proof and he will not accept any of it. The judge has given the defendants attorney everything she wants. The new mediation report he decided to ignore and not even look at which it was aimed to help me out more.
So recently my buddy that is the bailiff told me the attorney works for a retired judge and she has been cleaning house in his court. I am starting to to look at the family law corruption. I have looked up the law firm and it has many allegations of corruption. Maybe the Judges know each other well and is some how favoring this law firm to promote?

So my question is: Its has been a year in the courts. My bailiff tells me to file 170.6 to disqualify him. I have looked it up and I am a little confused about the time frame. Am I still able to file a 170.6 or is it to late? I have also started looking at 170.1 Should I file under 170.1 since it has been a year?
My judge is very religious and goes to a very hardcore liberal church. I hate when it comes to these political views so please dont take offense for me saying hardcore liberal church.

So everything I tried was denied at my last court date.
Thank you for your time.

 

[racer72]

You need an attorney. You are in over your head.

 

[GarrettR]

You need an attorney. You are in over your head.

I am not able to afford one. If I could I would. Any suggestions?

 

[quincy]

California Law:Family Law

I have been in court a few times and filed a year ago. I am pro per petitioner and the defendant has an attorney. I noticed my judge has favored the defendants side. A few people have made comment that he might not want a me to prevail since I am representing myself and have not passed the BAR. My bailiff and I talk to each other a lot. He has also informed me that he believes the Judge does not like Military Veterans. He has also stated to me that he can tell he really does not like me.
So while in court I go over a few laws about my rights. I have gone over a few things with the 14th amendment and state statues. I have question why my rights are not being protected. It seems every single time he tells me that he does not care and this is how its going to be. I have tried to submit evidence to show proof and he will not accept any of it. The judge has given the defendants attorney everything she wants. The new mediation report he decided to ignore and not even look at which it was aimed to help me out more.
So recently my buddy that is the bailiff told me the attorney works for a retired judge and she has been cleaning house in his court. I am starting to to look at the family law corruption. I have looked up the law firm and it has many allegations of corruption. Maybe the Judges know each other well and is some how favoring this law firm to promote?

So my question is: Its has been a year in the courts. My bailiff tells me to file 170.6 to disqualify him. I have looked it up and I am a little confused about the time frame. Am I still able to file a 170.6 or is it to late? I have also started looking at 170.1 Should I file under 170.1 since it has been a year?
My judge is very religious and goes to a very hardcore liberal church. I hate when it comes to these political views so please dont take offense for me saying hardcore liberal church.

So everything I tried was denied at my last court date.
Thank you for your time.

Motions to disqualify a judge must be done in a "timely" manner. As a general rule, timely means that you must file your motion BEFORE any hearing on a substantive matter or BEFORE the trial. This is called a "peremptory challenge" and you do not need to show any reason for wanting the judge disqualified. You are allowed this challenge once only. But you are apparently too late for a peremptory challenge.

You can, however, file a motion to disqualify a judge "for cause" at any time you discover there is good reason for the disqualification, this even during a hearing or a trial. From what you have posted here, though, I do not see that you have good cause to disqualify the judge.

An attorney is almost always going to have an advantage over a party representing himself, and judges often show a preference to attorneys in court because attorneys know the laws and the rules. Pro per's often don't - and some judges have little tolerance for those who try to fumble their way through a hearing or trial on their own.

I do not see that the friendly baliff is doing you any favors by informing you of the judge's biases. All judges have them. Very few make decisions based on them.

Here for your information is a link to the California Code of Civil Procedure, Sections 170-170.9, on disqualification of judges: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=170-170.9

I agree with racer72 that you really need an attorney of your own to assist you, if only for a review of the facts of your current situation with the judge. You should not file a motion to disqualify the judge without this personal review and without careful consideration. The motion can work against you in court - and it sounds as if you do not need to have anything else working against you with the judge at this point.

Perhaps you can locate a free or low cost legal aid clinic in your area, or a law school, with someone willing to personally go over all facts with you. You can also check out the California Bar Association, or your local Bar Association, to see if there are attorneys available to assist.

Good luck.