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Curle v. Superior Court (Gleason)

Superior court judge lacked standing to file writ petition challenging his own disqualification.

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The full case caption appears at the end of this opinion.

Respondent superior court ordered that petitioner Wilson Curle, a judge of the same superior court, be disqualified from conducting further proceedings in a criminal action against real party in interest Andrew Madison Gleason. Respondent agreed with Gleason’ s contention that an individual aware of the facts reasonably might entertain a doubt whether Judge Curle would be able to be impartial in the action. (Code Civ. Proc., � 170.1, subd. (a)(6)(C).)[FOOTNOTE 1] The People did not seek appellate review of respondent’ s ruling. Judge Curle, however, filed a petition for writ of mandate in the Court of Appeal seeking to overturn the order disqualifying him. After first determining that a superior court judge disqualified for cause pursuant to section 170.1 properly may seek writ review of the disqualification order, the Court of Appeal issued a peremptory writ of mandate directing respondent to vacate its previous order and to enter a new order denying Gleason’ s motion for disqualification.

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