§ 170.8.No judge of court qualified to hear cause; Judge assigned by Chairman of Judicial Council

Title 2. Judicial Officers · Chapter 3. Disqualifications of Judges · Last amended 1989 · Last verified July 28, 2026

In one sentenceSection 170.8 tells a court clerk to notify the chairperson of the Judicial Council whenever no qualified judge is available to hear a case, so the chairperson can assign a substitute judge to hear it at the scheduled or a newly fixed time.

Full Text of § 170.8

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When there is no judge of a court qualified to hear an action or proceeding, the clerk shall forthwith notify the Chairman of the Judicial Council of that fact. The judge assigned by the Chairman of the Judicial Council shall hear the action or proceeding at the time fixed therefor or, if no time has been fixed or good cause appears for changing the time theretofore fixed, the judge shall fix a time for hearing in accordance with law and rules and hear the action or proceeding at the time so fixed.

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Plain-English Summary

Sometimes a court has no judge left who can hear a case — every available judge is disqualified, recused, or otherwise unable to sit. § 170.8 handles that gap.

The clerk notifies the chairperson of the Judicial Council, who assigns a judge to hear the matter. That assigned judge takes the time already fixed for the hearing, unless no time was set or good cause exists to change it — in which case the judge fixes a new time consistent with the applicable law and rules and hears the matter then.

Frequently Asked Questions

What happens if every judge in a courthouse is disqualified from a case?

§ 170.8 has the clerk notify the chairperson of the Judicial Council, who assigns another judge to hear the action or proceeding.

Does the assigned judge have to use the original hearing date?

Usually. § 170.8 keeps the previously fixed time unless none was set or good cause supports changing it, in which case the assigned judge fixes a new one.

Amendment History

Added Stats 1963 ch 872 § 2. Amended Stats 1989 ch 1417 § 2.

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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