Eduardo Garcia
- Democratic
- Assemblymember
- District 36
Author
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. The bill would require the California Law Revision Commission to deliver, on or before September 30, 2027, 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. This bill would make these provisions inoperative on September 30, 2031, and would repeal it as of January 1, 2032.
In committee: Held under submission.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 5566.)
Read second time. Ordered to third reading.
Assembly Rule 63 suspended.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 16).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 9).
In committee: Hearing postponed by committee.
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
From printer. May be heard in committee March 8.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2125 | HTML |
| 02/06/24 - Introduced | |
| 02/26/24 - Amended Assembly | |
| 03/06/24 - Amended Assembly | |
| 04/10/24 - Amended Assembly | |
| 05/16/24 - Amended Assembly |
| Document | Format |
|---|---|
| 04/05/24- Assembly Judiciary | |
| 04/30/24- Assembly Appropriations | |
| 05/20/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/21/24- Senate Judiciary | |
| 08/02/24- Senate Appropriations |
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