Sacramento, CA asked in Civil Litigation, Civil Rights and Legal Malpractice for California

Q: My last court appearance was in front of a judge who has an inactive license. Who should I notify?

The case was switched to a new courtroom with this judge presiding the day before my court date.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Judges, who are appointed to the bench, do not need an active license to practice law because when they take the bench they are not acting as a lawyer at all, but as a judge.

It is none of your business as a party before the court who or what the judge is or may be. However, every party has the right to challenge the judge to whom you are assigned, but there is a very limited time frame during which you can exercise your challenge. In California the challenge is called a CCP § 170.6 challenge, and must be exercised within 15 days of when you receive notice of the identity of the judge to whom your case is assigned. Normally, it is up to your lawyer to inform you of your right to challenge the judge. So if you don't have a lawyer, you need to get one asap.

William John Light agrees with this answer

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