Solberg v. Superior Court

Opinion

MOSK, J.

In Johnson v. Superior Court (1958) 50 Cal.2d 693 [329 P.2d 5], we held that Code of Civil Procedure section 170.6, which provides for the disqualification of trial judges on motion supported by an affidavit of prejudice, does not violate the doctrine of the separation of *187powers or impair the independence of the judiciaiy. In these consolidated proceedings we are called upon to reconsider that decision in light of the experience with the statute during the intervening two decades and as applied here in a criminal context. We have undertaken that review, and conclude that the…