§ 170.4.Permissible actions by disqualified judge

Title 2. Judicial Officers · Chapter 3. Disqualifications of Judges · Enacted 1984 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 170.4 spells out what a disqualified judge may still do — limited housekeeping tasks like default matters and settlement conferences — and how courts handle a disqualification statement filed after a trial or hearing has already begun.

Full Text of § 170.4

Text sizeJump to: (a) (b) (c) (d)

(a) A disqualified judge, notwithstanding his or her disqualification may do any of the following:

(1) Take any action or issue any order necessary to maintain the jurisdiction of the court pending the assignment of a judge not disqualified.

(2) Request any other judge agreed upon by the parties to sit and act in his or her place.

(3) Hear and determine purely default matters.

(4) Issue an order for possession prior to judgment in eminent domain proceedings.

(5) Set proceedings for trial or hearing.

(6) Conduct settlement conferences.

(b) Notwithstanding paragraph (5) of subdivision (c) of Section 170.3, if a statement of disqualification is untimely filed or if on its face it discloses no legal grounds for disqualification, the trial judge against whom it was filed may order it stricken.

(c)

(1) If a statement of disqualification is filed after a trial or hearing has commenced by the start of voir dire, by the swearing of the first witness or by the submission of a motion for decision, the judge whose impartiality has been questioned may order the trial or hearing to continue, notwithstanding the filing of the statement of disqualification. The issue of disqualification shall be referred to another judge for decision as provided in subdivision (a) of Section 170.3, and if it is determined that the judge is disqualified, all orders and rulings of the judge found to be disqualified made after the filing of the statement shall be vacated.

(2) For the purposes of this subdivision, if (A) a proceeding is filed in a single judge court or has been assigned to a single judge for comprehensive disposition, and (B) the proceeding has been set for trial or hearing 30 or more days in advance before a judge whose name was known at the time, the trial or hearing shall be deemed to have commenced 10 days prior to the date scheduled for trial or hearing as to any grounds for disqualification known before that time.

(3) A party may file no more than one statement of disqualification against a judge unless facts suggesting new grounds for disqualification are first learned of or arise after the first statement of disqualification was filed. Repetitive statements of disqualification not alleging facts suggesting new grounds for disqualification shall be stricken by the judge against whom they are filed.

(d) Except as provided in this section, a disqualified judge shall have no power to act in any proceeding after his or her disqualification or after the filing of a statement of disqualification until the question of his or her disqualification has been determined.

End

Plain-English Summary

Disqualification does not freeze a case entirely. § 170.4(a) lets a disqualified judge keep the court’s jurisdiction intact and handle a short list of administrative tasks: requesting an agreed-upon substitute, hearing default matters, issuing a pre-judgment possession order in eminent domain, setting trial or hearing dates, and conducting settlement conferences.

Subdivision (b) lets a trial judge strike a statement of disqualification that was filed too late or that shows no legal ground on its face. Subdivision (c) handles statements filed mid-proceeding — after voir dire begins, the first witness is sworn, or a motion is submitted for decision. The challenged judge can let the proceeding continue while another judge decides the disqualification question, but if that judge turns out to be disqualified, every ruling made after the statement was filed gets vacated.

Subdivision (c) also closes a scheduling loophole: in a single-judge court, a trial set 30 or more days in advance before a known judge is treated as having commenced 10 days before the scheduled date, for grounds known before that point. And a party generally gets one statement of disqualification per judge per case, unless new grounds surface later.

Outside these carve-outs, § 170.4(d) is categorical: a disqualified judge has no power to act until the disqualification question is resolved.

Frequently Asked Questions

Can a disqualified California judge still do anything in the case?

Yes, within limits. § 170.4(a) allows a disqualified judge to protect the court’s jurisdiction, handle default matters, set trial dates, and conduct settlement conferences, among a short list of other tasks.

What happens to rulings made after a statement of disqualification is filed mid-trial?

If another judge later confirms the disqualification, § 170.4(c)(1) requires vacating every order and ruling the challenged judge made after the statement was filed.

Can a party file more than one statement of disqualification against the same judge?

Generally no. § 170.4(c)(3) limits a party to one statement per judge in a case unless facts supporting new grounds arise or are discovered later.

Can a trial judge throw out an untimely disqualification statement?

Yes. § 170.4(b) lets the judge against whom it was filed strike a statement that is untimely or that shows no legal grounds on its face.

Amendment History

Added Stats 1984 ch 1555 § 8.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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