Bills · 2015-2016 Regular Session
Relating to: substitution of judges in criminal matters. (FE)
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill eliminates the right of a defendant to substitute a judge in a criminal
proceeding without explanation or reason. Current law generally allows a defendant
one such substitution.
The bill requires a defendant who wishes to substitute a judge in a criminal
proceeding to indicate in writing his or her reasons for the substitution request.
Under the bill, the reasons for requesting a substitution must be one or more of the
following:
1. The judge was engaged as counsel in the action prior to being appointed or
elected as a judge;
2. The judge is otherwise interested in the action;
3. The judge is related to either party to the action;
4. The judge is a material witness in the action; or
5. The defendant has reason to believe that he or she cannot obtain a fair and
impartial trial on account of the judge's bias, prejudice, or interest of the judge.