Judge sitting for appeal is part of the appeal complaint as judge for the case

[steelhead]

This case is in California.

The question is this:

Can the judge that presided over a case hear and act on the appeal for that same case?

Would it make any difference if the judge is Presiding Judge, San xxxxxxx County in California, the same county where the initial appeal was being heard?

We would expect the judge to recuse himself from the appeal, but we expect it will not happen.

What bones can we pick in such a situation.

 

[seniorjudge]

Q: Can the judge that presided over a case hear and act on the appeal for that same case?

A: No.


Q: Would it make any difference if the judge is Presiding Judge, San xxxxxxx County in California, the same county where the initial appeal was being heard?

A: No.


Q: We would expect the judge to recuse himself from the appeal, but we expect it will not happen.

A: File a motion to disqualify the judge.


Q: What bones can we pick in such a situation.

A: See prior answer.

 

[INETX]

If this judge refuses to recuse himself, the advice of Seniorjudge is sound because you will have record of the motion to recuse. This will add weight to appeals to even higher courts.

In addition, you can file a complaint against the judge to the judiciary board.

 

[rmet4nzkx]

This case is in California.

The question is this:

Can the judge that presided over a case hear and act on the appeal for that same case?

Would it make any difference if the judge is Presiding Judge, San xxxxxxx County in California, the same county where the initial appeal was being heard?

We would expect the judge to recuse himself from the appeal, but we expect it will not happen.

What bones can we pick in such a situation.

In California to challenge a judge your appeals attorney will file your appeal and a code of civil procedure (ccp) 176 challenge. Nothing happens until the papers are filed.
http://www.leginfo.ca.gov/calaw.html
If it is the presiding judge, no other judge in that county's superior court will hear the case and when you file the challenge the case will be referred to the California court of appeals. Here is a link to the California Superior Courts and the California Judicial Council http://www.courtinfo.ca.gov/courts/trial/courtlist.htm
.

 

[Rhubarb297]

This case is in California.

The question is this:

Can the judge that presided over a case hear and act on the appeal for that same case?

Absolutely not, no way no how. I spent 3 1/2 years clerking for an appellate court judge. I can't imagine a more clear situation that demanded a judge recuse himself. Your attorney won't have to file anything. The judge will recuse himself. The didn't recuse himself, the state Supreme Court would reverse him so fast his head would spin.

 

[Rhubarb297]

In California to challenge a judge your appeals attorney will file your appeal and a code of civil procedure (ccp) 176 challenge. Nothing happens until the papers are filed.
http://www.leginfo.ca.gov/calaw.html
If it is the presiding judge, no other judge in that county's superior court will hear the case and when you file the challenge the case will be referred to the California court of appeals. Here is a link to the California Superior Courts and the California Judicial Council http://www.courtinfo.ca.gov/courts/trial/courtlist.htm
.

That's not true. Judges recuse themselves all the time without the parties filing for a request for recusal. In fact it's far more common for judges to recuse themselves in advance than to wait for something to be filed by one of the parties.

 

[rmet4nzkx]

Quote:
Originally Posted by steelhead
This case is in California.

The question is this:

Can the judge that presided over a case hear and act on the appeal for that same case?

Absolutely not, no way no how. I spent 3 1/2 years clerking for an appellate court judge. I can't imagine a more clear situation that demanded a judge recuse himself. Your attorney won't have to file anything. The judge will recuse himself. The didn't recuse himself, the state Supreme Court would reverse him so fast his head would spin.

That's not true. Judges recuse themselves all the time without the parties filing for a request for recusal. In fact it's far more common for judges to recuse themselves in advance than to wait for something to be filed by one of the parties.

Look, did you even bother to look up the citation for Ca. ccp 176? Ca. is for CALIFORNIA, pronounced CAL LA FRON KNEE A, not INDIANA.

That section provides for both the "silver Bullet" challenge by the party and judical recusal. I won't even bother to explain to you how it works in California Courts because I'm sure that would be too far above you. I went to the trouble to provide links to CA statutes and to CA Judical Council which has, Rules of Court, Superior Court and self help sites.

You clerked? Really? How come you don't know the difference between Proceedure in Indiana and California where OP is appealing their case? Are you qualified for the Bar in California, or only old enough to enter one?

If I didn't know what I was talking about, one of the California Attorneys would have put me straight over 12 hours ago.

 

[rmet4nzkx]

Rhubarb, where did you go?