Hemingway

Petitioner Rodney Hemingway argues the trial court erred by failing to respond immediately to his motion to disqualify itself pursuant to Code of Civil Procedure section 170.6 and by improperly denying his motion as untimely. We agree. In a supplemental petition, Hemingway contends the same court issued an unlawful nunc pro tunc order in an attempt to rectify its failure to act when the motion was first filed. Again, we agree. The petition is granted.

Factual and Procedural Background

On January 5, 2004, the prosecution filed a felony complaint charging Hemingway with one felony count of domestic battery with corporal injury as a felony, and five misdemeanor counts involving domestic violence battery, battery, and assault. On the same day, Hemingway appeared without counsel in Department S3 of the Laguna Niguel facility before Judge Pamela L. lies for arraignment. Hemingway agreed to waive his right to be arraigned, and the court continued the arraignment for 17 days to January 22, 2004, to give Hemingway an opportunity to obtain counsel. At the same time, the court assigned the case to itself for all purposes. On January 22, Hemingway again appeared in court without…