People v. Hull

I dissent.

The majority holds that a party seeking review of an unsuccessful peremptory challenge to a trial judge can do so only by petitioning for a writ of mandate within 10 days of notice of the disputed ruling, and not by post-judgment appeal. Although the majority’s holding has practical advantages— immediate writ review generally will avoid reversal and retrial, thus promoting judicial economy—it finds no support in the statutory scheme.

I. The Two Removal Methods

The Code of Civil Procedure1 sets out two separate methods by which a party may prevent a trial judge or other judicial…