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<ns0:Id>20250AB__107399INT</ns0:Id>
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<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-20</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>1073</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Ávila Farías</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Ávila Farías</ns0:Name>
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<ns0:Title> An act to amend, repeal, and add Section 170.6 of, and to add and repeal Section 170.6.1 of, the Code of Civil Procedure, relating to courts. </ns0:Title>
<ns0:RelatingClause>courts</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Judicial officers: disqualification.</ns0:Subject>
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<ns0:DigestText>
<html:p>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.</html:p>
<html:p>This bill
would extend these provisions to authorize a party or attorney to disqualify a justice or justices of an appellate court for prejudice against a party or attorney, or the interest of a party or attorney, as specified. The bill would make related findings and declarations.</html:p>
<html:p>This bill would require, 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 to assign the case to a panel of three justices and to notify the parties of the assignment within 30 days of issuance of the remittitur to the court of appeal. The bill would authorize a motion directed to one or more justices of a court of appeal to 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 and who is or are assigned to further consider the matter. The bill would authorize the party who obtained the reversal to make that motion regardless of whether that party or side has previously done so. The bill would require, for cases reversed on or after January 1, 2026, the motion to be made within 15 days after the party or the party’s attorney has been notified of the assignment. The bill would require, for cases reversed before January 1, 2026, and remaining pending as of the effective date of this act, the motion to be made on or before January 16, 2026. The bill would authorize, upon presentation of a motion directed to one or more justices of a court of appeal, the presiding justice to, at the presiding justice’s discretion, assign up to 3 new justices regardless of the number of justices to whom the motion is directed.</html:p>
<html:p>This bill would require, if the motion is duly presented and the affidavit
or declaration under penalty of perjury is duly filed or an oral statement under oath is duly made, that the presiding justice assign other justice or justices or transfer the case to another panel of justices. The bill would also require, in specified circumstances, the Chair of the Judicial Council to assign some other justice or justices to hear the matter as promptly as possible.</html:p>
<html:p>The bill would make the above provisions operative from January 1, 2026, until January 1, 2031.</html:p>
<html:p>The bill would require the California Law Revision Commission to deliver, on or before September 30, 2028, 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.</html:p>
<html:p>This bill would make these provisions
inoperative on September 30, 2031, and would repeal them as of January 1, 2032.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_EDFCDA7E-201A-4C31-97DC-D0B2339F03BE">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
As California courts have recognized, the impulse of a judge to disfavor a litigant who prompted a higher court to reverse that judge’s decision is quite human.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Judicial bias is antithetical to the administration of justice and a well-functioning judicial system, and undermines the public’s trust in the judiciary.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Judicial bias is particularly a threat to the administration of justice in the courts of appeal, and especially in cases concerning voting rights, workers’ rights, and environmental justice.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Judicial bias in the courts of appeal can result in the delay of voting rights, workers’ rights, and environmental justice. This occurred in the California Voting Rights Act of 2001 case, Pico Neighborhood Assn. v. City of Santa Monica (2023) 15 Cal.5th 292, following the California Supreme Court’s reversal of the court of appeal’s decision, through the court of appeal’s refusal to follow the instruction of the California Supreme Court. Such delay is particularly harmful in voting rights cases because elections are held every two years while those cases remain pending.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The dilution of votes of a protected class, in even a single election, in violation of the California Voting Rights Act of 2001, is a matter of statewide concern. A concern that the Legislature must address.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A comprehensive evaluation of
judicial recusal and disqualification at all levels of California courts, including the utility of peremptory challenges at the outset of cases as well as following reversal by a higher court, is necessary to refine the processes in those courts and promote the efficient administration of justice.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to eliminate, insofar as possible, the impact of judicial bias, at all levels of the judiciary, and to promote the efficient administration of justice in California courts.
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<ns0:BillSection id="id_B33C614C-27DF-4F2B-9440-A1F11CB82BB5">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 170.6 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Num>170.6.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A judge, court commissioner, or referee of a superior court of the State of California, or justice of a court of appeal of the State of California, shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge, justice, or court commissioner
is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A party to, or an attorney appearing in, an action or proceeding may establish this prejudice by an oral or written motion without prior notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge, justice, court commissioner, or referee before whom the action or proceeding is pending, or to whom it is assigned, 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 before the judge, justice, court commissioner, or referee.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the judge, other than a judge assigned to the case for all purposes, court commissioner, or referee assigned to, or who is scheduled to try, the cause or hear the matter is known at least 10 days before the date set for trial or hearing, the motion shall be made at least 5 days before that date. If directed to the trial of a cause with a master calendar, the motion shall be made to the judge supervising the master calendar not later than the
time the cause is assigned for trial. If directed to the trial of a criminal cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 10 days after notice of the all-purpose assignment, or if the party has not yet appeared in the action, then within 10 days after the appearance. If directed to the trial of a civil cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 15 days after notice of the all-purpose assignment, or if
the party has not yet appeared in the action, then within 15 days after the appearance. If the court in which the action is pending is authorized to have no more than one judge, and the motion claims that the duly elected or appointed judge of that court is prejudiced, the motion shall be made before the expiration of 30 days from the date of the first appearance in the action of the party who is making the motion or whose attorney is making the motion. In no event shall a judge, court commissioner, or referee entertain the motion if it is made after the drawing of the name of the first juror, or if there is no jury, after the making of an opening statement by counsel for plaintiff, or if there is no opening statement by counsel for plaintiff, then after swearing in the first witness or the giving of any evidence or after trial of the cause has otherwise commenced. If the motion is directed to a hearing, other than the trial of a cause, the motion shall be made not later than the commencement of the hearing.
In the case of trials or hearings not specifically provided for in this paragraph, the procedure specified herein shall be followed as nearly as possible. The fact that a judge, court commissioner, or referee has presided at, or acted in connection with, a pretrial conference or other hearing, proceeding, or motion prior to trial, and not involving a determination of contested fact issues relating to the merits, shall not preclude the later making of the motion provided for in this paragraph at the time and in the manner herein provided.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A motion under this paragraph
directed to a judge, court commissioner, or referee of a superior court
may be made following reversal on appeal of a trial court’s decision, or following reversal on appeal of a trial court’s final judgment, if the trial judge in the prior proceeding is assigned to conduct a new trial on the matter. Notwithstanding paragraph (4), the party who filed the appeal that resulted in the reversal of a final judgment of a trial court may make a motion under this section regardless of whether that party or side has previously done so. The motion shall be made within 60 days after the party or the party’s attorney has been notified of the assignment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A party to a civil action making that motion under this section shall serve notice on all parties no later than five days after making the motion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the motion is duly presented, and the affidavit or declaration under penalty of perjury is duly filed or an oral statement under oath is duly made, thereupon and without any further act or proof, the judge supervising the master calendar, if any, or presiding justice
shall assign some other judge,
justice or justices, court commissioner, or referee to try the cause or hear the matter. In other cases, the trial of the cause or the hearing of the matter shall be assigned or transferred to another judge,
panel of justices, court commissioner, or referee of the court in which the trial or matter is pending or, if there is no other judge, panel of justices, court commissioner, or referee of the court in which the trial or matter is pending, the Chair of the Judicial Council shall assign some other judge, justice or justices, court commissioner, or referee to try the cause or hear the matter as promptly as possible. Except as provided in this section, no party or attorney shall be permitted to make more than one such motion in any one action or special proceeding pursuant to this section. In actions or special proceedings where there may be more than one plaintiff or similar party or more than one defendant or similar party appearing in the action or special
proceeding, only one motion for each side may be made in any one action or special proceeding.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Unless required for the convenience of the court or unless good cause is shown, a continuance of the trial or hearing shall not be granted by reason of the making of a motion under this section. If a continuance is granted, the cause or matter shall be continued from day to day or for other limited periods upon the trial or other calendar and shall be reassigned or transferred for trial or hearing as promptly as possible.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Any affidavit filed pursuant to this section shall be in substantially the following form:
</html:p>
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<html:col width="206.0"/>
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<html:td colspan="4">
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
(Here set forth court and cause)
<html:br/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
State of California,
<html:br/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point"/>
</html:td>
<html:td valign="middle">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">ss.</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
PEREMPTORY CHALLENGE
<html:br/>
</html:p>
</html:td>
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<html:tr>
<html:td>
County of
<html:span class="EnSpace"/>
<html:span class="UnderlinedLeaders"/>
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<html:td/>
<html:td valign="middle"/>
<html:td/>
</html:tr>
</html:tbody>
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<html:td colspan="3">
<html:span class="EmSpace"/>
____, being duly sworn, deposes and says: That
they are
<html:br/>
a party (or attorney for a party) to the within action (or special proceeding). That ____ the judge, justice, court commissioner, or referee before whom the trial of the (or a hearing in the) action (or special proceeding) is pending (or to whom it is assigned) is prejudiced against the party (or their attorney) or the interest of the party (or their attorney) so that affiant cannot or believes that
they cannot have a fair and impartial trial or hearing before the judge, justice, court commissioner, or referee.
<html:p class="Justify10Point" style="font-size:10pt; text-align:justify; hyphenation: yes;">
<html:br/>
</html:p>
</html:td>
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<html:td colspan="3">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EmSpace"/>
Subscribed and sworn to before me this
</html:p>
</html:td>
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<html:tr>
<html:td colspan="3">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">______ day of ______, 20__.</html:p>
</html:td>
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<html:tr>
<html:td colspan="3">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
(Clerk or notary public or other
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="3">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
officer administering oath)
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<html:p>
(7)
<html:span class="EnSpace"/>
Any oral statement under oath or declaration under penalty of perjury made pursuant to this section shall include substantially the same contents as the affidavit above.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Nothing in this section shall affect or limit Section 170 or Title 4 (commencing with Section 392) of Part 2, and this section shall be construed as cumulative thereto.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If any provision of this section or the application to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application and, to this end, the provisions of this section are declared to be severable.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 170.6 is added to the
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, to read:
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<ns0:Num>170.6.</ns0:Num>
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<html:p>
(a)
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(1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A party to, or an attorney appearing in, an action or proceeding may establish this prejudice by an oral or written motion without prior notice supported by affidavit or declaration under
penalty of perjury, or an oral statement under oath, that the judge, court commissioner, or referee before whom the action or proceeding is pending, or to whom it is assigned, 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 before the judge, court commissioner, or referee. If the judge, other than a judge assigned to the case for all purposes, court commissioner, or referee assigned to, or who is scheduled to try, the cause or hear the matter is known at least 10 days before the date set for trial or hearing, the motion shall be made at least 5 days before that date. If directed to the trial of a cause with a master calendar, the motion shall be made to the judge supervising the master calendar not later than the time the cause is assigned for trial. If directed to the trial of a criminal cause that has been assigned to a judge for all purposes, the motion shall
be made to the assigned judge or to the presiding judge by a party within 10 days after notice of the all-purpose assignment, or if the party has not yet appeared in the action, then within 10 days after the appearance. If directed to the trial of a civil cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 15 days after notice of the all-purpose assignment, or if the party has not yet appeared in the action, then within 15 days after the appearance. If the court in which the action is pending is authorized to have no more than one judge, and the motion claims that the duly elected or appointed judge of that court is prejudiced, the motion shall be made before the expiration of 30 days from the date of the first appearance in the action of the party who is making the motion or whose attorney is making the motion. In no event shall a judge, court commissioner, or referee entertain the motion if it is made after the
drawing of the name of the first juror, or if there is no jury, after the making of an opening statement by counsel for plaintiff, or if there is no opening statement by counsel for plaintiff, then after swearing in the first witness or the giving of any evidence or after trial of the cause has otherwise commenced. If the motion is directed to a hearing, other than the trial of a cause, the motion shall be made not later than the commencement of the hearing. In the case of trials or hearings not specifically provided for in this paragraph, the procedure specified herein shall be followed as nearly as possible. The fact that a judge, court commissioner, or referee has presided at, or acted in connection with, a pretrial conference or other hearing, proceeding, or motion prior to trial, and not involving a determination of contested fact issues relating to the merits, shall not preclude the later making of the motion provided for in this paragraph at the time and in the manner herein provided.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A motion under this paragraph may be made following reversal on appeal of a trial court’s decision, or following reversal on appeal of a trial court’s final judgment, if the trial judge in the prior proceeding is assigned to conduct a new trial on the matter. Notwithstanding paragraph (4), the party who filed the appeal that resulted in the reversal of a final judgment of a trial court may make a motion under this section regardless of whether that party or side has previously done so. The motion shall be made within 60 days after the party or the party’s attorney has been notified of the assignment.
</html:p>
<html:p>
(3)
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A party to a civil action making that motion under this section shall serve notice on all parties no later than five days after making the motion.
</html:p>
<html:p>
(4)
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If the motion is duly presented, and the affidavit or declaration under penalty of perjury is duly filed or an oral statement under oath is duly made, thereupon and without any further act or proof, the judge supervising the master calendar, if any, shall assign some other judge, court commissioner, or referee to try the cause or hear the matter. In other cases, the trial of the cause or the hearing of the matter shall be assigned or transferred to another judge, court commissioner, or referee of the court in which the trial or matter is pending or, if there is no other judge, court commissioner, or referee of the court in which the trial or matter is pending, the Chair of the Judicial Council shall assign some other judge, court commissioner, or referee to try the cause or hear the matter as promptly as possible. Except as provided in this section, no party or attorney shall be permitted to make more than one such motion in any one action or
special proceeding pursuant to this section. In actions or special proceedings where there may be more than one plaintiff or similar party or more than one defendant or similar party appearing in the action or special proceeding, only one motion for each side may be made in any one action or special proceeding.
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(5)
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Unless required for the convenience of the court or unless good cause is shown, a continuance of the trial or hearing shall not be granted by reason of the making of a motion under this section. If a continuance is granted, the cause or matter shall be continued from day to day or for other limited periods upon the trial or other calendar and shall be reassigned or transferred for trial or hearing as promptly as possible.
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<html:p>
(6)
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Any affidavit
filed pursuant to this section shall be in substantially the following form:
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(Here set forth court and cause)
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</html:tr>
<html:tr>
<html:td>
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State of California,
<html:br/>
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</html:td>
<html:td/>
<html:td valign="middle">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">ss.</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
PEREMPTORY CHALLENGE
<html:br/>
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<html:tr>
<html:td>
County of
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<html:span class="UnderlinedLeaders"/>
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<html:td valign="middle"/>
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</html:tbody>
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<html:colgroup>
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____, being duly sworn, deposes and says: That they are
<html:br/>
a party (or attorney for a party) to the within action (or special proceeding). That ____ the judge, court commissioner, or referee before whom the trial of the (or a hearing in the) action (or special proceeding) is pending (or to whom it is assigned) is prejudiced against the party (or their attorney) or the interest of the party (or their attorney) so that affiant cannot or believes that they cannot have a fair and impartial trial or hearing before the judge, court commissioner, or referee.
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<html:br/>
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</html:tr>
<html:tr>
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<html:span class="EmSpace"/>
Subscribed and sworn to before me this
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</html:tr>
<html:tr>
<html:td colspan="3">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">______ day of ______, 20__.</html:p>
</html:td>
</html:tr>
<html:tr>
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<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
(Clerk or notary public or other
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="3">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
officer administering oath)
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</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(7)
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Any oral statement under oath or declaration under penalty of perjury made pursuant to this section shall include substantially the same contents as the affidavit above.
</html:p>
<html:p>
(b)
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Nothing in this section shall affect or limit Section 170 or Title 4 (commencing with Section 392) of Part 2, and this section shall be construed as cumulative thereto.
</html:p>
<html:p>
(c)
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If any provision of this section or the application to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application and, to this end, the provisions of this section are declared to be severable.
</html:p>
<html:p>
(d)
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This section shall become operative January 1, 2031.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 170.6.1 is added to the
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, to read:
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<ns0:Num>170.6.1.</ns0:Num>
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(a)
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On or before September 30, 2028, the California Law Revision Commission shall deliver to the Legislature a study regarding recusal of judicial officers for prejudice and conflict of interest.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In developing the study required by this section, the California Law Revision Commission shall consult with the Commission on Judicial Performance.
</html:p>
<html:p>
(c)
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The study shall, at minimum, include a discussion of the following:
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<html:p>
(1)
<html:span class="EnSpace"/>
The effectiveness of Section 170.6 in eliminating bias in judicial proceedings.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The prevalence of judicial officers hearing matters
in which the canons of judicial ethics should have warranted a recusal.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The impact on case hearing times of judicial recusals.
</html:p>
<html:p>
(4)
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The costs to the courts and to litigants of judicial recusals.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on September 30, 2031, and, as of January 1, 2032, is repealed.
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