판사교체, 판사 바꾸기, Request to change Judge CA 주, California State, T1170

판사교체, 판사 바꾸기, Request to change Judge CA 주, California State,

JUDGE Change CA 주.docx

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JUDGE Change CA, 1P.pdf

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판사; Judge, (am)Justice,

Commissioner; 변호사로서 임명된 임시판사,

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Court 에는 판사가 2가지가 있는데

정식 판사와

변호사로서 임명된 임시판사 commissioner 가 있다.

 

판사가 원고 plaintiff 나, 피고 defendant 쪽에 편파적이거나 불공정하거나 마음에 안들면

판사를 바꿀수가 있다.

 

양식 form 에 현재 불공절하거나 편파적이라고 생각되는 판사의 이름을 적어야한다.

 

바꾸기를 원하는 판사의 이름을 적는게 더 효과적이다.

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찾아보기;

 

Motion to disqualification of a Judge in California

or,

Form Peremptory Challenge of a Judge California

https://courts.ca.gov/cms/rules/index/three/rule3_516

Rule 3.516. Motions under Code of Civil Procedure section 170.6 | Judicial Branch of California

 

 

Judge Change CA, to fill out form CA

what is 'court level' in request to disqualification a judge

- In the context of a request to disqualify a judge, "court level" refers to the specific type or hierarchy of court where the judge is currently presiding,

such as a municipal court, superior court, federal district court.

          ----

what is ‘county, appellate district’ California court?

- In California's court system, "county" refers to the local trial courts (Superior Courts), while "appellate district" refers to the intermediate appellate courts (Courts of Appeal) that review decisions from the trial courts.

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Complaints must be in writing.

You may use the commission's complaint form or write a letter to the commission.

 

The Commission on Judicial Performance is located at

455 Golden Gate Avenue, Suite 14400 San Francisco, California 94102.

 

commission’s website at;

https://cjp.ca.gov/

 

Filing a Complaint against Judge or commissioner,

https://cjp.ca.gov/file_a_complaint/

Filing a Complaint | CJP

 

 

Judge Change CA,

COMPLAINT ABOUT a CALIFORNIA JUDGE, COURT COMMISSIONER or REFEREE,

https://cjp.ca.gov/wp-content/uploads/sites/40/2016/08/complaintform-fillable-1.pdf

 

추가 작성 기록 양식,

내용을 설명하는데 공간이 부족하면 추가 양식에다 적어서 첨부하면 된다.

pleading paper (form MC-030/031) is available at

http://www.courts.ca.gov/forms.htm.

Find Your Court Forms | Judicial Branch of California

 

 

아래 form CA 주에 제출 필요,

( If your complaint involves a court commissioner or referee, you must first submit your complaint to the local court. If you have done so, please attach copies of your correspondence to and from that court.)

Complaint form editable; 1P pdf,

https://cjp.ca.gov/wp-content/uploads/sites/40/2016/08/complaintform-fillable-1.pdf

 

https://courts.ca.gov/system/files?file=itc/ca_code_judicial_ethics.pdf

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HOW TO REQUEST TO CHANGE YOUR JUDGE

 

This information is not intended to provide legal advice.

For more information,

http://www.lasuperiorcourt.org

 

or visit the Los Angeles Law Library,

301 West 1st St., Los Angeles, CA 90012.

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There Are Two Ways to Request to Disqualify a Judge

 

Peremptory Challenge (See Code of Civil Procedure § 170.6)

In a family law case, you may automatically disqualify ONE judge without proving prejudice or bias.

If you have a temporary judge (commissioner or judge pro tem), you can refuse to sign a stipulation for the temporary judge at your courtroom.

 

If your peremptory challenge is granted, a new judge will be assigned. 

If your peremptory challenge is denied, the judge will remain on your case.

 

To raise a challenge,

사법관에게 편견에 대한 선처 항변서(진술서, affidavit)를 제출하십시오.

file an Affidavit of Prejudice Peremptory Challenge to Judicial Officer

(form LACIV 015).

copy is available at;

http://www.lasuperiorcourt.org/forms/pdf/LACIV015.pdf

If you choose to draft your own affidavit, it must include specific language listed in the code cited above.

If your judge is known at least 10 days before the hearing date, you must make your motion at least 5 days before that date.

To avoid missing the deadline, file your motion as soon as your trial judge is assigned.

If you are assigned a different judge for trial, make a motion as soon as the new judge is assigned.

Have a copy of the affidavit served on the other party no later than 5 days after making the motion.

 

2.  Challenge for Cause (See Code of Civil Procedure § 170.1- § 170.5)

A judge may also be challenged for cause under CCP §170.1. 

This type of motion is less likely to be granted because specific grounds and proof are required, i.e., conflict of interest, bias, financial interest, personal knowledge of facts, and relationship to a party or attorney. 

If your challenge is denied, the judge will remain on your case.

To raise a challenge, file a written declaration, using pleading paper, that sets forth the grounds for disqualification.

 

The challenge must be raised with the clerk at your assigned department

"at the earliest practicable opportunity" after discovering grounds for disqualification, or else it is waived.  Have a copy served on the other party/attorney, and a copy personally served on the judge or clerk.

 

→ You may not bring a peremptory challenge or a challenge for cause after orders have already been made in your case!

 

Other Methods:

 

Complaint for Judicial Misconduct (See California Code of Judicial Ethics)

Judicial misconduct involves conduct in violation of the California Code of Judicial Ethics. 

 

Examples: improper demeanor, failure to disqualify when the law requires, receipt of information about a case outside the presence of one party, abuse of contempt or sanctions, delay in decision-making.

An error in a judge's decision or ruling, by itself, is not misconduct.

An appeal may be the only remedy for such an error, or there may be no remedy.

 

위원회는 불만 사항을 조사하고, 적절한 경우 징계를 부과합니다.

위원회는 판사의 결정을 변경하거나, 새로운 명령을 내리거나, 새로운 재판을 허가하거나, 판사를 사건에서 실격시킬 권한이 없습니다.

The commission will investigate the complaint and, if appropriate, impose discipline.

The commission does NOT have the authority to change a judge's decision, issue new orders, grant a new trial, or disqualify a judge from a case.

 

Complaints must be in writing. You may use the commission's complaint form or write a letter to the commission.

The Commission on Judicial Performance is located at

455 Golden Gate Avenue, Suite 14400 San Francisco, California 94102.

 

For more information,

commission’s website at;

https://cjp.ca.gov/

CJP | Commission on Judicial Performance

 

 

Filing a Complaint;

https://cjp.ca.gov/file_a_complaint/

Filing a Complaint | CJP

 

 

Appeal Process (See California Rules of Court § 8.800-8.843 and 8.880-8.891)

If a judge has made an order in your case that you believe was made in error, and that the error was harmful, you may request an appeal with the appellate division of the superior court.

An appeal is NOT a new trial. The appellate division will review the record of what happened at court to see if certain kinds of legal errors were made. If legal errors were made, the orders could potentially be overturned.

 

For information about the appeal process, speak to an attorney,

go to the county law library, or visit www.courts.ca.gov/

California Courts - Home | Judicial Branch of California