California Appeals Court Removes Judge From Case for Exceeding Sentencing Role
A California appeals court ruled on Oct. 13 that a judge serving as a master calendar judge exceeded her role by entertaining sentencing questions and accepting a guilty plea, and must be removed from the case, in California v. Superior Court (Los Angeles County), No. B353018, according to Bloomberg Law. The Los Angeles County District Attorney's office had filed a disqualification motion under Section 170.6 of the Code of Civil Procedure, which the judge rejected as immune in her calendar role.
The court held that while master calendar judges performing ministerial case-assignment functions are generally shielded, dismissing prior strike convictions and accepting a plea are contested issues of law or fact within Section 170.6's purpose. Justice Chavez wrote the opinion, joined by Justices Richardson and Goorvitch. The Los Angeles County DA's office represents the state.
Published by GSM · USA (original Chinese edition)
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