Improper Defense Against Recusal
Judge Glanville made the fatal mistake of attempting to refute allegations in the recusal motions. As stated in the order, “A judge cannot become actively involved in presenting evidence or argument against a motion seeking his recusal without that defense itself becoming a basis for recusal”
Appearance of Partiality
By defending his actions, Judge Glanville inadvertently created an appearance of partiality. The order cites precedent stating, “His efforts at defending himself against a motion to recuse will inevitably create an appearance of partiality” – The Honorable Rachel Krause Fulton County Superior Court Atlanta Judicial Circuit
California’s CCP § 170.6: A Parallel Framework
While the YSL case unfolded in Georgia, its lessons extend nationwide. In California, litigants seeking to disqualify a judge can file a motion under CCP §170.6, citing bias or prejudice. However, the timing and procedural requirements of such motions make them particularly challenging once a trial begins.
