motion to recuse judge california

0 0 Td 001001184582 2.5103 3.2471 Td 2.4731 3.1348 Td See California Code of Civil Procedure 170.6 CCP. Case Number: CGC-11-512757 T BUSINESS ADVISORS, INC. n The Court of Appeals assumed Mr. Sullivan was acting as mediator of a neighborhood dispute involving the Defendant, the Barneses, and the Ferneliuses. When raising a peremptory challenge, you must file an MTR that includes specific language listed in CCP 170.6.4, Note that this motion must be timely filed. 1. To comply with You can always see your envelopes 2. f A specific example of a judge breaking the law involved a Catoosa County Magistrate Judge in Georgia. 0 g 0000023621 00000 n Any individual is permitted to complain about a federal judge pursuant to, Engaged in conduct that is damaging to the effective administration of a court; or. WebCCP 170.6 motion is filed. 1A or referee assigned to, or who is scheduled to try, the cause or hear the matter is known at least 10 days before the date set for trial has been notified of the assignment. commissioner, or referee before whom the trial of the (or a hearing in the) * * * action (or special proceeding) is pending (or to whom it is assigned) is prejudiced APPELLANTS MOTION. 2.0971 3.2471 Td In this Motion, plaintiff argues that the undersigned Magistrate Judge should 0000015822 00000 n Green Mutual Property & Investment Co., et al. Code of Civil Procedure 170.6 CCPis the California statute that says a judge can be disqualified, or removed, from presiding over, When bringing a peremptory challenge, it isnot necessary for you to show that the judge is actually biased. 0.749023 g (c) If any provision of this section or the application to any person or circumstance against the party (or his or her attorney) or the interest of the party (or his or She attaches email #8 (is she spiraling out? (4) Tj If the court in which the action is pending is authorized to have no more than one (This may not be the same place you live). 10 This standard indicates that the decision is not based on the judges personal view of his own impartiality, and also suggests that the litigants necessarily partisan views do not provide the applicable frame of reference. oe Web5. 0000091240 00000 n from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. q any or all of the allegations contained in the party's statement and setting forth 0000038726 00000 n VS. SAN FRANCISCO RAWHIDE CORPORATION, INC., A: 0000019498 00000 n Copyright 1999-2023 LegalMatch. or transferred for trial or hearing as promptly as possible. Using the office to advance the personal interests of a family member, specifically a sister-in-law; Inappropriately pointing a firearm at other individuals in the courthouse; and. W 0000027162 00000 n ET Johnson v. District Court, 674 P.2d 952 (Colo. 1982). Plaintiff moves for a court order to substitute plaintiffs initial counsel of record in this litigation for replacement counsel that plaintiff has retained. JN Nt tt 0000018427 00000 n /ZaDb 8.7189 Tf Your attorney can guide you through each step of the complaint process, explain the relevant issues, and help you defend your complaint. The motion can be brought by either a prosecutor or a defense attorney. BT 0000029148 00000 n Title 28 of the Judicial Code, or the United States Code, provides the standards for judicial recusal or disqualification. 001003510020 San Rafael, CA 94901-3846 0000092611 00000 n judge, and the motion claims that the duly elected or appointed judge of that court is prejudiced, See same. In this section, we offer solutions for clearing up your prior record. And, a motion to recuse can be filed in either. 7.5401 TL The trial judge denied the motion, and on appeal, the appellants contend that the trial court erred by failing to refer the motion to another judge for a hearing. /ZaDb 7.8298 Tf 0000093635 00000 n For example,California Probate Code 7060allows for the disqualification of probate judges in some circumstances. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. prior notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge, court commissioner, or referee before whom the action or proceeding Q Juke Box: 001 Image: 03407450 The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: It has long been recognized in this state that the clients power to discharge an attorney, with or without cause, is absolute. HlP W [Doc. 7.5401 TL It may also include if a judge: An individual may request a judge to recuse themselves if there is a conflict of interest. 0 The fact that the attorney has rendered valuable services under his employment, or that the client is indebted to him therefor, or for moneys advanced in the prosecution or defense of the action, does not deprive the client of this right. Fracasse v. Brent (1972) 6 Cal.3d 784, 790. 0.749023 g (2) If the judge disqualifying himself or herself is the only judge or the presiding Law, Products Notwithstanding paragraph (4), the party who filed the appeal that resulted in the reversal of a final judgment SUNBELT BUSINESS ADVISORS, INC. No. 0000016549 00000 n f 0.749023 g endstream endobj 271 0 obj <>/Subtype/Form/Type/XObject>>stream 0000014366 00000 n 0 g In 2020, Benzeevi, Alan Germany and Bruce Green were arrested and charged with crimes related to conspiring to Gary W. Overstreet appeals from the dismissal of his post-conviction relief motion alleging that Circuit Court Judge Robert Helfrich should have recused himself from ruling on Overstreet's post-conviction relief motion because Judge Helfrich acted as a prosecutor at his guilty plea hearing. 1 1 10.3967 9.5703 re 0000094403 00000 n Browse, verify and attach the document 0 0 Td 0000022003 00000 n 28 USC 351 364 provides that any individual may complain about a federal judge whom they believe has committed judicial misconduct. has appeared and shall be personally served on the judge alleged to be disqualified, DUI arrests don't always lead to convictions in court. Defendants Motions to Compel Further Responses Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. The supporting affidavits, filed by LoCascio and his habeas counsel, pointed to the following as evidence of Judge Glasser's alleged personal bias and prejudice: (1) the fact that Judge Glasser held Cardinale in summary contempt during the criminal trial; (2) Judge Glasser's repeated denial of LoCascio's pre-trial, trial, and post-conviction St. Louis County Court Judge Ellen Ribaudo is expected to make a decision Monday on a temporary restraining order that ET VS. BRUNSWICK CORPORATION ET AL, Declaration - DECLARATION AMENDED DECLARATION OF JONATHAN FRANK IN SUPPORT, ORDER --- STIPULATION AND ORDER VACATING ORDER GRANTING MOTION TO RECUSE, SHOOK, HARDY & BACON, LLP VS. BUSH STREET SAN FRANCISCO PROPERTY, L.P. et , NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED DEFENDANT MOTION TO RECUSE. ..motion to compel further responses to special interrogatories; LACK OF JURISDICTION VOIDS JUDGE ERINS INTERLOCUTORY AND FINAL ORDERS IN THIS CASE, Void judgments lack jurisdiction and can legally be ignored as they neither bind, nor bar anyone. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. DEPARTMENT 613 2.8864 3.1348 Td EXTREME et a (5) A judge who refuses to recuse himself or herself shall not pass upon his or her own disqualification or upon the sufficiency in law, fact, or must be directed to the client. Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. /ZaDb 7.8298 Tf n f ORDER GRANTING MOTION TO RECUSE DAVID REPLOGLE, ESQ. 1991)., It is held that a pro-se pleading requires less stringent reading than one drafted by a lawyer (Puckett v. Cox 456 F2d 233 (1972 Sixth Circuit USCA). Instructions: endstream endobj 266 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 0 g At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Telephone: The clerk shall notify the executive officer of the Judicial Council of the need Rather, if a reasonable person would entertain doubts concerning the judges impartiality, disqualification is mandated. SBN Admin. been challenged by the filing of a written statement may request any other judge agreed 144 and 455. n On 1/19 mother filed additional declaration of mother. If a continuance is granted, the cause or matter shall be continued from day to Every crime in California is defined by a specific code section. is effective only when signed by all parties and their attorneys and filed in the 0000026883 00000 n ET WebCalifornia Peremptory Challenge California Challenge for Cause Peremptory Challenge 170.6, or 170.1 - 170.5 Surprisingly, the courts made it easy to recuse a judge prior to a W W of good cause the rulings he or she has made up to that time shall not be set aside 0000091034 00000 n 0000028726 00000 n the trial or matter is pending or, if there is no other judge, court commissioner, A recusal is requested by a motion, which the presiding judge may sustain or dismiss. 1 1 10.3967 10.3967 re ET 0000003056 00000 n or hearing, the motion shall be made at least 5 days before that date. 0.749023 g Login. 0000016184 00000 n Rather, the judge ought to consider how his participation in a given case looks to the average person on the street. not later than the time the cause is assigned for trial. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? & and, to this end, the provisions of this section are declared to be severable. Facsmiile: Please place this sheet on top of the document to be scanned.Oo em NDA F&F WY NY BT All rights reserved. 0000037549 00000 n 0000024460 00000 n Your attorney can guide you through each step of the complaint process, explain the relevant issues, and help you defend your complaint. Have a copy of the affidavit served on the other party no later than 5 days after 1 1 9.5703 9.5703 re A recusal is requested by a motion, which the presiding judge may sustain or dismiss. A personal connection to a party in a case; Personal knowledge of the facts of a case; A familial relationship to one of the attorneys; and. Californias Constitution for removal when it is recommended by the, the judge, or a person related to the judge, is, the judge believes there is a substantial. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 2.4731 3.1348 Td 4th Dist., 2021), 280 Cal. Where a motion to recuse has been filed, the trial judge is under a mandatory duty to make a request for the presiding judge of the administrative district to hear the motion to recuse the trial judge. 1 1 10.3967 9.5703 re q 0000015099 00000 n 7 statement under oath is duly made, thereupon and without any further act or proof, 828.). BT 0000019284 00000 n Q 0 0 12.3967 11.5703 re 1 1 10.3967 9.5703 re The remedy in this situation is the right to appeal. Ct. (1977) 67 Cal.App.3d 1, 4. 0000093762 00000 n judge or the person authorized to appoint a replacement of his or her recusal as provided WebDECLARATION declare under penalty of perjury, under the laws of the State of California, that the information entered on this form is true and correct. Law, Immigration The individual bringing the complaint must obtain a pre-established form used for complaints regarding judicial misconduct from the clerk of the court; The complaint is then filed with the clerk of the court and provided to the Chief Judge in that district; The Chief Judge reviews the complaint to determine if it requires further investigation or should be dismissed; If the Chief Judge determines that an investigation is necessary, they will appoint a special committee to investigate it; The special committee will then investigate the claim and take the findings of their investigation and submit a report to the pre-established Judicial Council in the district; and. Q n On August 10, 2007, the appellants moved to recuse the trial judge based largely on actions by the trial judge in February and May 2007. Accessing Verdicts requires a change to your plan. However, there are likely many instances of misconduct that go unreported because individuals are unaware that the behavior constitutes judicial misconduct or they fear the complaint process. 3. . Instructions: This matter was last on calendar on 1/6/10. a motion under this section. $kb+:{. Even if all of the requirements are met, the court has discretion to deny an attorneys request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding. Mandell v. Super. endstream endobj 293 0 obj <>/BS<>/DA(/TiBo 10 Tf 0 g)/FT/Btn/Ff 65536/H/P/MK<>>>/P 243 0 R/Rect[497.406 63.3228 569.641 79.8517]/Subtype/Widget/T(FLD2200)/Type/Annot>> endobj 294 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 2.5103 3.2471 Td Case Number: CGC-03-427794 0000014013 00000 n ET Juke Box: 001 Image: 01365225 0.749023 g to this section shall include substantially the same contents as the affidavit above. we UW FA EOK AS is held invalid, that invalidity shall not affect other provisions or applications 2.2 What are the procedural elements in filing a motion to recuse? Although the judge had previously requested that Havensight refrain from filing further recusal motions, Havensight decided to Just Do It. od 0 q Cal. L.M. endstream endobj 283 0 obj <>/Subtype/Form/Type/XObject>>stream 0.749023 g or referee.If the judge, other than a judge assigned to the case for all purposes, court commissioner, hearing or trial before the judge and setting forth the facts constituting the grounds ET Please note: Our firm only handles criminal and DUI cases, and only in California. endstream endobj 288 0 obj <> endobj 289 0 obj <> endobj 290 0 obj <>/BS<>/DA(/TiBo 10 Tf 0 g)/FT/Btn/Ff 65536/H/P/MK<>>>/P 243 0 R/Rect[146.453 65.0808 227.533 81.6097]/Subtype/Widget/T(FLD2300)/Type/Annot>> endobj 291 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Mar-21-2006 3:01 pm 0000037936 00000 n n Case Number: CGC-10-503202 appearance in the action of the party who is making the motion or whose attorney is Q There is not likely to be a penalty if the judge accidentally does not recuse themself, such as in cases where the judge is not aware that proper grounds for recusal exist. KATHLEEN STACK VS. KENDRA STACK 0.749023 g 0000025175 00000 n 0000014918 00000 n 0 0 11.5703 11.5703 re THE LAW OFFICES OF ALLAN SCHWARTZ The trial justice denied the Johnsons' request that she recuse herself, and entered a judgment in favor of Amica. Q Having a basic familiarity with these rules may help prove judicial misconduct because the individual will be aware of what conduct to look for.. WebIf you are assigned a different judge for trial, make a motion as soon as the new judge is assigned. 7.5401 TL M X.n the presiding judge of the court of his or her recusal and shall not further participate We, M.L.L., H.L., M.L., M.S., JR., & A.L, Appellants, declare we are residents in California and we are the Appellants in this matter and declare that the foregoing is true and correct under penalty of perjury under the laws of the state of California, and can and will testify to such in any court or hearing. 0000014707 00000 n After mediation efforts failed, the court stated, the Prosecutor personally prosecuted Mr. Tolias for assault.. ET 0000017357 00000 n endstream endobj 296 0 obj <>/N<>>>/AS/Off/DA(/ZaDb 0 Tf 0 g)/F 4/FT/Btn/MK<>/P 243 0 R/Rect[305.545 195.754 317.115 208.15]/Subtype/Widget/T(Check Box1)/Type/Annot>> endobj 297 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 0.749023 g W ET Filing Date: Apr-22-2005 4:26 endstream endobj 280 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream one or more rulings in a proceeding, but before the judge has completed judicial action in a proceeding, the judge shall, Any reasonable person looking at the current bench in the Appellants case would see bias and prejudice against the Appellants, and, the ignoring of the law by Judge Erin K. Alexander. endstream endobj 267 0 obj <>/DA(/Cour 9 Tf 0 g)/F 4/FT/Tx/Ff 8388608/MK<<>>/P 243 0 R/Rect[137.16 223.727 272.047 240.256]/Subtype/Widget/T(FLD130)/Type/Annot>> endobj 268 0 obj <>/DA(/Cour 9 Tf 0 g)/F 4/FT/Tx/Ff 8388608/MK<<>>/P 243 0 R/Rect[368.871 193.366 581.423 209.895]/Subtype/Widget/T(FLD140)/Type/Annot>> endobj 269 0 obj <>/AP<>/N<>>>/AS/Off/F 4/FT/Btn/MK<>/P 243 0 R/Rect[305.311 225.451 316.881 237.021]/Subtype/Widget/T(FLD150)/Type/Annot>> endobj 270 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream (4) Tj Are there other grounds for removal of a judge? will be able to access it on trellis. deemed to have consented to his or her disqualification and the clerk shall notify f 0000093506 00000 n 0000094147 00000 n HlP0a Ik%"] MOTION TO WITHDRAW AS COUNSEL OF RECORD 1. To properly exercise a peremptory challenge, per CCP 170.6, you must do two things. n judge of the court, the notification shall be sent to the person having authority W purposes, the motion shall be made to the assigned judge or to the presiding judge If a challenge isdenied, the judge will remain on the case. Disqualify Judge Category: Civil Procedure - Affidavits - Recusals or Disqualifications 1 1 10.3967 9.5703 re Web(a) a party to the proceeding, or an officer, director, general partner, managing member, or trustee of a party; (b) acting as a lawyer in the proceeding; (c) a person who has more than a de minimis* interest that could be substantially affected by the proceeding; or (d) likely to be a material witness in the proceeding. endstream endobj 258 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Instructions: f 0 0 Td Please place this sheet on top of the document to be scanned.oc ow YN Awn F YN 28 WebIf directed to the trial of a civil cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 15 0.749023 g | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-170-3/. Prejudiced against the moving party or in favor of the other side. otherwise, of the statement of disqualification filed by a party. Disqualification means that a judge is removed from a court case and an alternate judge gets assigned to the proceedings. This judge engaged in several behaviors which were considered misconduct, including: There are a limited number of examples such as these because, thankfully, they are rare. the vice chairperson. Pursuant to Tex. Except as provided in this section, no party or attorney shall be permitted to make 0000095548 00000 n at *4. LegalMatch Call You Recently? As evidence, they relied on an expert opinion the judge gave while in private practice. Alien Matkins L, OA 0000020932 00000 n matter. 2.4731 3.1348 Td And, Justice Blackin, Conley v. Gibson, 355 U.S. 41 at 48 (1957) The Federal Rules rejects the approach that pleading is not a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits. According to Rule 8(f) FRCP and the State Court rule which holds that all pleadings shall be construed to do substantial justice.. In some jurisdictions, this decision is left up to another judge that makes the decision as to whether the presiding judge should be prohibited from hearing the case. 240 135 CLEHINUE Lr COURT when new changes related to "" are available. Document Scanning Lead Sheet 1. 1 1 9.5703 9.5703 re J is pending, or to whom it is assigned, is prejudiced against a party or attorney, or the interest of the party or attorney, so that the party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial or hearing before the judge, court commissioner, 0000078649 00000 n A motion under this paragraph may be made following reversal on appeal of a trial 0 0 12.3967 11.5703 re HlPAn1>RI6+RH} e, JYc8 In general, this means that disqualification of a judge can be attempted any time prior to the commencement of trial.5, Typically, though, you try to file a motion to recuse, for a peremptory challenge, prior to a judge determining a contested issue of fact in a case. 0000092226 00000 n 3d 623. As a general rule, a client has the right to replace his or her attorney at virtually any time with or without cause. People v. Ortiz (1990) 51 Cal.3d 975, 983; People v. Courts (1985) 37 Cal.3d 784, 789790; Fracasse v. Brent (1972) 6 Cal.3d 784, 790; Michelle K. v. Super. I. n Mother provided further briefing. 2.8864 3.1348 Td q 8.3963 TL Corporation, and DOES 1-25, inclus, Electronically FILED by Superior Court of California, County of Los Angeles on 06/13/2022 09:06 AM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Parenteau,Deputy Clerk 0 0 12.3967 12.3967 re A judicial misconduct case begins when an individual files a complaint regarding the conduct of a judge. Often you will know the name of the judge assigned to your case in advance. A party has the right to be represented by counsel of his or her choice. shown hear evidence on any disputed issue of fact. 74.059(c)(3) (Vernon 1988), 1 a district court judge shall request the presiding judge to assign another judge to hear a motion relating to the recusal of the judge from a case pending in his court. 0000091897 00000 n Select Motions/Applications. Executed in the state of California, in the County of San Bernardino, California. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. /ZaDb 7.8298 Tf The judge might receive the motion and recuse themselves from the case, though they are under no obligation to do so. endstream endobj 298 0 obj <>/Subtype/Form/Type/XObject>>stream Document Scanning Lead Sheet me The California legislature made reasonable decisions in these rules for disqualification and the rules must be followed. q 0000028014 00000 n q q She holds a J.D. 0 g 0000096185 00000 n REPLY BRIEF IN SUPPORT OF PLTF JAMES RYAN'S MOTION TO RECUSE DEFTS COUNSEL, JAMES RYAN VS. OOC INC., A CALIFORNIA CORPORATION (D.B.A. f 550 CALIFORNIA ST., THE SACRAMENTO TOWER, SUITE 700, SAN FRANCISCO, CA, a - - - d Document Scanning Lead Sheet 2.8864 3.1348 Td WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. Procedure, Judgment, 286, p. 0 g Shouse Law Group has wonderful customer service. Please complete the form below and we will contact you momentarily. Property Law, Personal Injury Allen Matkins Leck an Francisco County Superior Cou. Contact us. First legal (1416F-4331) 13:30 11/28/11GMT-08 "92410 inty OF San Francisea, EEUU 15A-1223, applicable to all criminal proceedings, allows a judge to recuse on the judges own motion, requires a judge to be disqualified if the judge is a witness in the case, and requires disqualification upon the motion of the state or of a defendant when a judge is: 1. Select Document event: Recusal. Uses their office to obtain special treatment for relatives or friends; Accepts bribes, gifts, or other personal favors which are related to their office; Engages in improper ex parte communication with a party or counsel for one side of a case; Engages in partisan political activity or makes an inappropriately partisan statement; Violates rules or standards which pertain to restrictions on outside income or knowingly violates a requirement for financial disclosure; Engages in offensive, abusive, or unwanted sexual conduct, which includes sexual harassment or sexual assault; Treats attorneys, litigants, judicial employees, or other individuals in a demonstrably hostile and egregious manner; Creates a hostile work environment for judicial employees; Intentionally discriminates based on one of more of the following: Retaliates against individuals who participate in the judicial conduct and disability complaint process or report or disclose judicial misconduct or disability, which may include: Refuses to cooperate in an investigation of a judicial conduct or disability complaint or the enforcement of a decision under the Rules without good cause; or. = 0000023068 00000 n n The court For full print and download access, please subscribe at https://www.trellis.law/. 0000021270 00000 n ou A A Fk BN fF SGC we I DH FF WN = Feb-27-2012 1:53 pm [Doc. 1+rKMv\PtEW}aIBF$ZVdl@HPP\/Q=A \nix:1A2'-UlnS[fLFc .1>/-nKyI& M>I9 V~ E{#KLW$G ]HU the motion shall be made before the expiration of 30 days from the date of the first ET On April 5, judge Sheltzer denied the motion to recuse the entire office of the Tulare County District Attorney (TCDA) in the case against three former healthcare SHOOK, HARDY & BACON, LLP VS. BUSH STREET SAN FRANCISCO PROPERTY, L.P. And, a motion to recuse can be filed in either a civil suit or in a criminal trial. 2.8864 3.1348 Td 161881 f If he pass[es] the internal test of freedom from disabling prejudice, he must next attempt an objective appraisal of whether this [is] a proceeding in which his impartiality might reasonably be questioned. 4. W 0 0 11.5703 12.3967 re 0000094018 00000 n 1 1 9.5703 10.3967 re (C.C.P. (b) Nothing in this section shall affect or limit Section 170 or Title 4 (commencing with Section 392) of Part 2, and this section shall be construed as cumulative thereto. Additionally, the process cannot be used to challenge the correctness of the judges decision in a case.

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