Maas

DISCUSSION

"Section 170.6 permits a party to an action to disqualify summarily an

assigned judge based on a sworn statement of the party's belief that the judge is

prejudiced against that party or the party's attorneys. Provided the statement is

timely and in proper form, the judge has no discretion to refuse the challenge.

[Citations.] The right to disqualify a judge under section 170.6 ' "is 'automatic' in

the sense that a good faith belief in prejudice is alone sufficient, proof of facts

showing actual prejudice not being required." ' " (Pickett v. Superior Court (2012)

203 Cal.App.4th 887, 892.)

By its terms, section 170.6 applies in any "civil or criminal action or special

proceeding of any kind or character." (§ 170.6, subd. (a)(1), italics added.) A

petition for writ of habeas corpus "is generally regarded as a special proceeding."

(People v. Villa (2009) 45 Cal.4th 1063, 1069.) Thus, subject to the limitations set

forth in section 170.6 and case authority (see, e.g., Yokley v. Superior Court (1980)

108 Cal.App.3d 622), a petitioner seeking a writ of habeas corpus may assert a

challenge to the judge assigned to the…