Journey

Richard Arthur Journey petitions for a writ of prohibition and/or mandate to compel the Honorable Jack R. Levitt, a judge of the San Diego County Superior Court, to disqualify himself under the provisions of Code of Civil Procedure section 170.6, and for an order transferring his cause to another judge of the San Diego County Superior Court.

Journey appeared before Judge Levitt on a probation revocation hearing. He filled out and timely filed a court-provided form, “Declaration of Prejudice (17(X6 C.C.P.),” which substantially complied with the form set forth in the statute. He moved the court, under that statute, for an order reassigning the case to another judge.

Judge Levitt denied the motion, giving two reasons: “One, there are no facts stated but merely a conclusion; secondly, on the basis that it is a violation of the separation of powers, and hence that section 170.6 of the code as applied to this criminal proceeding under these circumstances is unconstitutional.”

When counsel expressed surprise that the court had provided him with a form which was unconstitutional, Judge Levitt responded, “Perhaps you’ve just been brought to that realization,...”

Before the…