People v. Superior Court (Tony S.)

Opinion

ALLPORT, J.

On November 25, 1974, this court issued an alternative writ of mandate requiring the respondent court to vacate an order

[906]

denying motions to disqualify a judge (commissioner) pursuant to Code of Civil Procedure section 170.6 and to make a new and different order granting said motions, or to show cause before this court on January 23, 1975, why a peremptory writ ordering that such be done should not issue. Respondent having refused to comply with the alternative writ, the cause was on said date argued and submitted for decision.

Statement of the

Case

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The record before us discloses that on October 10, 1974, three minors appeared in juvenile court on petitions filed by the Los Angeles County Probation Officer seeking to have each declared a ward of the court pursuant to Welfare and Institutions Code section 602 et seq. The minors were represented by counsel. The allegations of the petition were denied and adjudication hearings set for October 25, 1974, before a court commissioner by orders made on October 10 and 23, 1974. On October 10, 1974, representatives of the office of the district attorney made motions supported by affidavits of prejudice filed in each case under Code of Civil Procedure section 170.6

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against the particular commissioner before whom the proceedings were to be heard. On October 23, 1974, the motions were denied by respondent court and the adjudication hearings ordered to be held as scheduled on the 25th. On October 24, at request of the district attorney, we ordered all further proceedings in these matters stayed pending determination of this petition or until further order of this court.

In denying the motions supported by the affidavits of prejudice respondent court took the position that the district attorney appeared in these proceedings at the invitation of the court for the purpose of

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