California Parties Must Allege Judge Bias as Early as Possible

Litigants must seek a judge’s disqualification at the earliest possible moment after discovering facts that support an allegation of bias, California’s top court ruled.

A court of appeal was wrong to determine that the state’s prohibition on waiver means these kinds of claims can be made “long past” finding such facts, Chief Justice Patricia Guerrero wrote Monday in a unanimous opinion for the California Supreme Court.

State law that prevents parties from waiving certain rights applies only in situations where a judge has determined that they are biased and would seek recusal, Guerrero said. A party that waits too long ...