Existing law establishes procedures for a judge to disqualify themselves from a case. Under existing law, if a judge who should disqualify themselves refuses or fails to do so, a party may file with the clerk a written verified statement objecting to the hearing or trial before the judge and setting forth the facts constituting grounds for disqualification of the judge. Existing law requires copies of the statement to be served on each party and personally served on the judge alleged to be disqualified or on their clerk, provided that the judge is present in the courthouse or in chambers.

This bill would require the statement to be served during regular business hours on the judge alleged to be disqualified at the courthouse in which the judge is sitting. The bill would, in addition to the clerk, permit service of the statement on the court executive officer, provided that the judge is present in the courthouse or in chambers.