Judicial Conduct:

Following are Requirements regarding Judicial Courtroom Behavior as well as examples of Improper Behavior and what you can do about it.

 

California Code of Judicial Ethics: CANNON 3

A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY

(7) A Judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, full right to be heard according to law. A Judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the Judge outside the presence of the parties concerning a pending or impending proceeding, except as follows:

      (a) A Judge may obtain the advice of a disinterested expert on the law  applicable to a
            proceeding before the Judge if the Judge gives notice to the parties of the person
            consulted and the substance of the advice, and affords the parties reasonable
            opportunity to respond.

       (b) A Judge may consult with court personnel whose function is to aid the Judge and
             their lawyers in an effort to mediate or settle matters pending before the Judge.

       (c) A Judge may, with the consent of the parties, confer separately with the parties
            and their lawyers in an effort to mediate or settle matters pending before the
            Judge.

       (d) A Judge may initiate ex parte communications, where circumstances require, for
            scheduling, administrative purposes, or emergencies that do not deal with
            substantive matters provided:

              (i) the Judge reasonable believes that no party will gain a procedural or tactical
                  advantage as a result of the ex parte communication, and

              (ii) the Judge makes provision promptly to notify all other parties of the substance
                   of the ex parte communication and allows an opportunity to respond.

        (e) A Judge may initiate or consider any ex parte communication when expressly
             authorized by law to do so.

See California Code of Judicial Ethics

Similar Rules Apply to the District Attorney courtesy of the State Bar of California Rule 5-300 Contact with Officials.

See opinion re ex parte communications with (administrative) Judge

Improper Courtroom Decorum:

Rude, abusive, and otherwise improper treatment of parties, counsel, witnesses, juror,
     court staff and others.

Failing or refusing to dispose promptly of judicial business.

Improper or eccentric conduct while on the bench.
 
Expressions of bias based on gender, ethnicity, etc.

Improper Influence:

Allowing political relationships to influence judicial decision-making.

Other Improper or Illegal Activities.

Abusing the contempt power.

Interfering with the attorney-client relationship.

Communicating improperly with only one side to a proceeding.

Commenting on or interfering with a pending or impending lawsuit.

Misappropriating or misusing public property, funds, or resources.

Violating rules relating to court administration.

Obstruction of justice.

Out of court criminal behavior.

In cases where you feel the Judge is prejudiced against you, you or your lawyer may file what is called a Declaration of Prejudice or a CCP 170.1 or CCP 170.6. After filing, a hearing may follow. These forms are available in any court room from the clerk. The wording will generally be as follows:

"Under Penalty of perjury the undersigned declares that: He/She is a party to or Attorney appearing in the above-entitled action or proceeding; that _____________________, the judge to whom it is assigned is prejudiced against him/her against his/her interest so that he/she believes that he/she cannot have a fair and impartial trial or hearing before such judge.

WHEREFORE, pursuant to the provisions of Section 170.6 of the California Code of Civil Procedure, declarant moves the COURT for its order reassigning said cause to another and different Judge for trial or hearing.

Executed this _date______ day of _month___________, _year________ at __city_________, California

Your Signature."

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.