Wednesday, November 9, 2011

The Importance of C.C.P. Section 170.6

Civil Code Section 170.6 deals with peremptory challenges against a judge. Why does this matter? Well, it doesn't. Unless, of course, you're facing a judge who refuses to allow your client release on his or her own recognizance. This is exactly what happened to me this morning. The judge had a policy to deny all O.R. (own recognizance) releases. Since I was appearing without my client, I would have had to continue the matter and my client would have had to pay the entire bail before he could get a trial date. Since the bail was for around $1,000.00, would would have posed a hardship. Thus, I filed the C.C.P. 170.6 challenge, and my matter was transferred to a more reasonable judge. So the point here is don't forget your right to challenge the judge if he is mean.

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