(a) Code of Judicial Ethics.
A temporary judge must disqualify himself or herself as a temporary judge in proceedings as provided under the Code of Judicial Ethics.
(Subd (a) lettered effective July 1, 2006; adopted as unlettered subd effective July 1, 2006.)
(b) Limitations on service.
In addition to being disqualified as provided in (a), an attorney may not serve as a court-appointed temporary judge:
(1) If the attorney, in any type of case, is appearing on the same day in the same courthouse as an attorney or as a party;
(2) If the attorney, in the same type of case, is presently a party to any action or proceeding in the court; or
(3) If, in a family law or unlawful detainer case, one party is self-represented and the other party is represented by an attorney or is an attorney.
For good cause, the presiding judge may waive the limitations established in this subdivision.
(Subd (b) adopted effective July 1, 2006.)
(c) Waiver of disqualifications or limitations.
(1) After a temporary judge who has determined himself or herself to be disqualified under the Code of Judicial Ethics or prohibited from serving under (b) has disclosed the basis for his or her disqualification or limitation on the record, the parties and their attorneys may agree to waive the disqualification or limitation and the temporary judge may accept the waiver. The temporary judge must not seek to induce a waiver and must avoid any effort to discover which attorneys or parties favored or opposed a waiver. The waiver must be in writing, must recite the basis for the disqualification or limitation, and must state that it was knowingly made. The waiver is effective only when signed by all parties and their attorneys and filed in the record.
(2) No waiver is permitted where the basis for the disqualification is any of the following:
(A) The temporary judge has a personal bias or prejudice concerning a party;
(B) The temporary judge has served as an attorney in the matter in controversy; or
(C) The temporary judge has been a material witness in the controversy.
(Subd (c) adopted effective July 1, 2006).
(d) Late discovery of grounds for disqualification or limitation.
In the event that grounds for disqualification or limitation are first learned of or arise after the temporary judge has made one or more rulings in a proceeding, but before the temporary judge has completed judicial action in the proceeding, the temporary judge, unless the disqualification or limitation is waived, must disqualify himself or herself. But in the absence of good cause, the rulings the temporary judge has made up to that time must not be set aside by the judicial officer or temporary judge who replaces the temporary judge.
(Subd (d) amended effective January 1, 2007; adopted effective July 1, 2006.)
(e) Notification of the court.
Whenever a temporary judge determines himself or herself to be disqualified or limited from serving, the temporary judge must notify the presiding judge or the judge designated by the presiding judge of his or her withdrawal and must not further participate in the proceeding, unless his or her disqualification or limitation is waived by the parties as provided in (c).
(Subd (e) adopted effective July 1, 2006.)
(f) Requests for disqualifications.
A party may request that a temporary judge withdraw on the ground that he or she is disqualified or limited from serving. If a temporary judge who should disqualify himself or herself or who is limited from serving in a case fails to withdraw, a party may apply to the presiding judge under rule 2.816(e) of the California Rules of Court for a withdrawal of the stipulation. The presiding judge or the judge designated by the presiding judge must determine whether good cause exists for granting withdrawal of the stipulation.
(Subd (f) amended effective January 1, 2007; previously adopted effective July 1, 2006.)
Rule 2.818 amended and renumbered effective January 1, 2007; adopted as rule 243.20 effective July 1, 2006; previously amended effective July 1, 2006.
Advisory Committee Comment
Subdivision (a) indicates that the rules concerning the disqualification of temporary judges are provided in the Code of Judicial Ethics. Subdivision (b) establishes additional limitations that prohibit attorneys from serving as court-appointed temporary judges under certain specified circumstances. Under subdivisions (c)-(e), the provisions of Code of Civil Procedure section 170.3 on waiver of disqualifications, the effect of late discovery of the grounds of disqualification, and notification of disqualification of judicial officers are made applicable to temporary judges. Under subdivision (f), requests for disqualification are handled as withdrawals of the stipulation to a temporary judge and are ruled on by the presiding judge. This procedure is different from that for seeking the disqualification of a judge under Code of Civil Procedure section 170.3.