In the Roman Republic, the right to appeal (provocatio, as in “provocation”) from a magistrate’s summary use of power was regarded as one of the most important safeguards of liberty. The democratic force of the right to appeal survives today. (See, e.g., Griffin v. Illinois (1956) 351 U.S. 12, 18; Cassandra Burke Robertson, The Right to Appeal (2013), 91 N.C. L. Rev. 1219.) Indeed, it is often said that everything may be reviewed on appeal, but as in almost every aspect of law, there is an exception: In California, a trial judge’s refusal to be recused by way of a peremptory challenge is reviewable only by writ. (Code Civ. Proc., § 170.6.) Here are some practical tips for optimizing the chances of obtaining review.
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Links We Like
- Judicial Review Under the California Arbitration Act
- In Search of Appealability: The Collateral Order Doctrine
- Judicial Notice on Appeal: Mandatory Subject Matter
- Jumping the Gun: What Happens If a Notice of Appeal Is Filed While Post-Trial Motions Are Pending?
- Not Saying the Quiet Part Out Loud; or, Keep Your Cool on Appeal to Avoid Contempt