> Excerpts from the transcript on this issue:
> THE COURT: SIR, WE HAVE TO PROCEED. I HAVE ALREADY STRICKEN THE
> DISQUALIFICATION AND THAT'S THE ORDER OF THE COURT .
> ME : THAT'S SEPARATE. AND I AGREE, YOU KNOW, YOU HAVE DONE THAT AND THIS
> IS A SEPARATE ISSUE.
> THE COURT : WELL, IT IS NOTHING IN WRITING [read below to see that this
bad behavior starts the clock to file paper] AND I AM DENYING THAT
> IF YOU ARE MAKING A MOTION ORALLY TO RECUSE ME BECAUSE YOU BELIEVE MY OATH
> -- MY OFFICE IS VACANT , THEN I AM GOING TO DENY THAT AT THIS TIME.[he
cannot rule upon his own disqualification!!]
> ME: I CAN'T RECUSE YOU, NOT -- IF THE OFFICE IS VACANT, THEN THERE IS
> NOTHING TO BE RECUSED.
[Same reason you cannot impeach Barry Soetoro!]
> THE COURT: OKAY. IF YOU ARE SAYING THAT THE COURT DOESN'T HAVE
> JURISDICTION BECAUSE THE OFFICE lS VACANT, THEN I AM TELLING YOU THAT
> I AM GOING TO PROCEED ON THIS CASE .
> ME: OKAY. AND I OBJECT .
> THE COURT : OKAY . YOU OBJECT . WHAT DO YOU WANT TO DO IN TERMS OF FILING
> THE DATE FOR THE TRIAL DO YOU WANT TO SET IT FOR TRIAL?
> That's the extent of my arguments on oath disqualifications. I know I
> could have done better but it was my second appearance and I didn't quite
> have my nerves as well under control as on the 3rd and 4th appearances.
> Given that she said she was going to proceed any way do you have a
> recommendation for how I should have responded rather than giving a vague
Mr. Impersonator, you are attempting to snow me by ignoring section 170.3
(c) (5), which plainly says that you are not permitted to pass upon this
yourself. It is not your own illegal order that is to be appealed by writ
of mandate, but the appeal mentioned pertains to the decision of the
impartial judge we agree upon or who is named by the state supreme court.
Please take a few moments to familarize yourself with the law and decide
to conform with ALL parts of it, even those you apparently disagree with!
170.3. (a) (1) If a judge determines himself or herself to be
disqualified, the judge shall notify the presiding judge of the court of
his or her recusal and shall not further participate in the proceeding,
except as provided in Section 170.4, unless his or her disqualification is
waived by the parties as provided in subdivision (b).
(2) If the judge disqualifying himself or herself is the only judge or the
presiding judge of the court, the notification shall be sent to the person
having authority to assign another judge to replace the disqualified
(b) (1) A judge who determines himself or herself to be disqualified after
disclosing the basis for his or her disqualification on the record may ask
the parties and their attorneys whether they wish to waive the
disqualification, except where the basis for disqualification is as
provided in paragraph (2). A waiver of disqualification shall recite the
basis for the disqualification, and is effective only when signed by all
parties and their attorneys and filed in the record.
(2) There shall be no waiver of disqualification if the basis therefor is
either of the following:
(A) The judge has a personal bias or prejudice concerning a party.
(B) The judge served as an attorney in the matter in controversy, or the
judge has been a material witness concerning that matter.
(3) The judge shall not seek to induce a waiver and shall avoid any effort
to discover which lawyers or parties favored or opposed a waiver of
(4) If grounds for disqualification are first learned of or arise after
the judge has made one or more rulings in a proceeding, but before the
judge has completed judicial action in a proceeding, the judge shall,
unless the disqualification be waived, disqualify himself or herself, but
in the absence of good cause the rulings he or she has made up to that
time shall not be set aside by the judge who replaces the disqualified
(c) (1) If a judge who should disqualify himself or herself refuses or
fails to do so, any party may file with the clerk a written verified
statement objecting to the hearing or trial before the judge and setting
forth the facts constituting the grounds for disqualification of the
judge. The statement shall be presented at the earliest practicable
opportunity after discovery of the facts constituting the ground for
disqualification. Copies of the statement shall be served on each party or
his or her attorney who has appeared and shall be personally served on the
judge alleged to be disqualified, or on his or her clerk, provided that
the judge is present in the courthouse or in chambers.
(2) Without conceding his or her disqualification, a judge whose
impartiality has been challenged by the filing of a written statement may
request any other judge agreed upon by the parties to sit and act in his
or her place.
(3) Within 10 days after the filing or service, whichever is later, the
judge may file a consent to disqualification in which case the judge shall
notify the presiding judge or the person authorized to appoint a
replacement of his or her recusal as provided in subdivision (a), or the
judge may file a written verified answer admitting or denying any or all
of the allegations contained in the partys statement and setting forth
any additional facts material or relevant to the question of
disqualification. The clerk shall forthwith transmit a copy of the judges
answer to each party or his or her attorney who has appeared in the
(4) A judge who fails to file a consent or answer within the time allowed
shall be deemed to have consented to his or her disqualification and the
clerk shall notify the presiding judge or person authorized to appoint a
replacement of the recusal as provided in subdivision (a).
(5) A judge who refuses to recuse himself or herself shall not pass upon
his or her own disqualification or upon the sufficiency in law, fact, or
otherwise, of the statement of disqualification filed by a party. In that
case, the question of disqualification shall be heard and determined by
another judge agreed upon by all the parties who have appeared or, in the
event they are unable to agree within five days of notification of the
judges answer, by a judge selected by the chairperson of the Judicial
Council, or if the chairperson is unable to act, the vice chairperson. The
clerk shall notify the executive officer of the Judicial Council of the
need for a selection. The selection shall be made as expeditiously as
possible. No challenge pursuant to this subdivision or Section 170.6 may
be made against the judge selected to decide the question of
(6) The judge deciding the question of disqualification may decide the
question on the basis of the statement of disqualification and answer and
any written arguments as the judge requests, or the judge may set the
matter for hearing as promptly as practicable. If a hearing is ordered,
the judge shall permit the parties and the judge alleged to be
disqualified to argue the question of disqualification and shall for good
cause shown hear evidence on any disputed issue of fact. If the judge
deciding the question of disqualification determines that the judge is
disqualified, the judge hearing the question shall notify the presiding
judge or the person having authority to appoint a replacement of the
disqualified judge as provided in subdivision (a).
(d) The determination of the question of the disqualification of a judge
is not an appealable order and may be reviewed only by a writ of mandate
from the appropriate court of appeal sought only by the parties to the
proceeding. The petition for the writ shall be filed and served within 10
days after service of written notice of entry of the courts order
determining the question of disqualification. If the notice of entry is
served by mail, that time shall be extended as provided in subdivision (a)
of Section 1013.
(Amended by Stats. 2006, Ch. 567, Sec. 4. Effective January 1, 2007.)
Maybe it's time to always take an 8th grade English teacher as an expert
witness whenever we go tangle with these crooked fools!