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Judges and Judiciary

Aug. 8, 2025

Racial Act recusal rules for ex-prosecutor judges issued

A California ethics panel clarified when ex-prosecutor judges must recuse from Racial Justice Act cases, emphasizing impartiality while allowing participation if no direct conflict or appearance of bias exists.

The California Supreme Court Committee on Judicial Ethics Opinions offered crucial guidance to judges who were prosecutors on whether they must disqualify themselves from cases involving motions under the state's Racial Justice Act.

In CJEO Formal Opinion 2025-028, made public Thursday, the committee concluded that a judge is not automatically disqualified from hearing a case involving a Racial Justice Act discovery motion solely because they formerly served as a prosecutor. ...

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