Flier

Summary

By petition for writ of mandate (Code Civ. Proc., § 170.3, subd. (d)) the People challenge the disqualification of the Honorable Richard S. Flier from hearing People v. Perkins (Super. Ct. Contra Costa County, 1993, No. 934086-0). The decision to disqualify Judge Flier was based upon section 170.1, subdivision (a)(6)(C) (hereafter § 170.1(a)(6)(C)), which provides that a judge shall be disqualified if “a person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.” We will grant the People’s petition for writ of mandate and hold that a person aware of the facts in this case would not reasonably entertain a doubt about Judge Flier’s ability to be impartial.

We reject Mr. Perkins’s argument that the People may not challenge the disqualification order by petition for writ of mandate where, as here, respondent superior court had jurisdiction of the case and the defendant may be subject to further trial or retrial. (People v. Municipal Court (Kong) (1981) 122 Cal.App.3d 176, 183 [ 175 Cal.Rptr. 861 ], and cases cited therein.) The statutory scheme governing judicial challenges applies to criminal proceedings. (See, e.g.,…