Legal Question in Civil Litigation in California

Recusal of Judge Pro Tem

today at trial both parties stipulated to a Judge pro tem,during Plaintiff's opening statement the court clerk annouced that the judge pro tem could not hear the case because it involved a dispute with an attorney , the judge pro tem recused himself stating he could not hear a case involving an attorney and continued the trial, I have never heard of such a thing. Does anyone know what authority he is referring to?


Asked on 8/07/06, 9:49 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Recusal of Judge Pro Tem

In small claims court, a pro tem judge will not hear a case involving an attorney since the pro tems usually are volunteer attorneys. So you will have to go before an elected or appointed bench officer, perhaps waiting a few days for an available courtroom.

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Answered on 8/10/06, 11:51 pm


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