Saturday, March 3, 2012

A Commissioner shall disqualify himself for Fraudulent Recommendations and not enforcing his own orders

Case# D05-00622, ORDER The court on its own motion hereby recuses herself from presiding in further proceedings in this matter pursuant to Code of Judicial Ethics 3(E)(1) and Code of Civil Procedure, Section 170.1 (a)(1)(6) (i) and (ii). The previously calendared dates for mandatory settlement conference on September 9, 2006 and trial on October 12, 2006 are hereby vacated and the case is transferred to Judge Barry Baskin, Family Law Supervising Judge, for re-assignment and immediate resumption of the proceedings. It is so ordered this 21st day of August, 2006 at Martinez, California. Signed Josanna Berkow Commissioner/Judge Pro Tempore Which means: Code of Judicial Ethics: E. Disqualification A judge shall disqualify himself or herself in any proceeding in which disqualification is required by law.* In all trial court proceedings, a judge shall disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no actual basis for disqualification. 170.1. (a) A judge shall be disqualified if any one or more of the following is true: (1) (A) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding. (6) (A) For any reason: (i) The judge believes his or her recusal would further the interests of justice. (ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial. Read more: http://wiki.answers.com/Q/What_are_some_examples_of_recusal#ixzz1nl83DzPN

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