Post-Conviction Relief for Immigrants
§ 10.9 C. The Original Judge May be Disqualified at This Point, Even if a Challenge Has Previously Been Employed
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Under state law, in California, for example, after a successful appeal resulting in the vacation of a conviction, the appellant may exercise his or her statutory right to disqualify the original judge,[10] even if s/he has already exercised this right once during the original proceedings.[11] The intent of this statute is to protect a successful appellant from retaliation by a judge whose rulings have been reversed on appeal.[12] The same rule should logically apply as well after a conviction has been reversed using other post-conviction vehicles.
[10] California Code of Civil Procedure § 170.6(2).
[11] People v. Superior Court (Maloy), 91 Cal.App.4th 391 (2001).
[12] Ibid.
