People v. Superior Court

This matter arises on an original petition for writ of mandate. The sole question concerns the statutory 30-day limitations period for peremptory challenge of the judge in a court with only one judge. Byron Smith, real party in interest, is charged in such a court with certain misdemeanors. He contends the period runs from the date of first appearance of the party or of his counsel. Petitioners, the People, contend the period runs only from first appearance of the party. The People seek mandamus relief from a superior court ruling upholding Smith’s view. We will issue a peremptory writ commanding the superior court to vacate its ruling.

Facts

Smith is charged with two misdemeanor counts in a complaint filed in the South Sacramento County Judicial District. Government Code section 74206 states that in that district: “There shall be one judge.” Smith was arraigned on May 21, 1986. On June 16, 1986, defense counsel made his first appearance in the case. On June 26, 1986, the defense filed a written motion for peremptory challenge. On July 14, 1986, the municipal court denied the challenge as untimely. Thereafter, Smith filed an action in the superior court seeking a writ…