AB 109

Under current law, there are two methods by which a judge who is scheduled

to handle a case is replaced: disqualification and substitution. A judge is required

to disqualify himself or herself in a case if the judge may be considered to have an

interest in the matter, such as if the judge is related to a party, has previously been

involved with the case as counsel, or has a significant financial or personal interest

in the outcome.

Substitution is the method by which parties in the case may have a judge who

is scheduled to handle a case taken off the case without having to give a reason. Each

party in a civil case and the defendant in a criminal case generally have a right to

one substitution, except that additional substitution rights occur in certain cases if

there is a successful appeal or if the judge who handles a preliminary hearing is

assigned to handle the trial.

This bill retains the provisions relating to the disqualification of a judge for both

civil and criminal matters, but eliminates the defendant's right to substitution of a

judge in criminal matters.