Reygoza

Defendant filed a petition seeking a writ of mandate ordering the superior court to honor his motion pursuant to Code of Civil Procedure section 170.6 to disqualify the Honorable Beauford Phelps, judge of the superior court. Defendant’s motion was denied as being untimely pursuant to a policy (Court Policy) enacted by the Criminal Departments of the Central District of the Superior Court of Los Angeles County (Central District Criminal Departments). The issue presented to us is whether the Court Policy, which provides that cases assigned to a department are assigned to the presiding judge of that department for all purposes, is a valid policy. We conclude that it is not and grant the writ petition.

Factual and Procedural Synopsis

On September 12, 1990, an information was filed charging defendant with one count of a violation of Health and Safety Code section 11350 (possession of cocaine).

The information resulted from an order holding defendant to answer following a preliminary examination on August 28, 1990, in the Municipal Court for Los Angeles County, East Los Angeles Judicial District. At the conclusion of the hearing, the Honorable Carlos de la Fuente,…