Court Related Info

California Judicial Conduct Handbook Sections
&
CCP §170 etc, Elements for Disqualifying a Judge

3. (120.300) Failure to ensure rights of persons before the court

          a. (120.310) Generally

Judges are obliged to see to it that the rights of persons who come before the court are scrupulously observed.

No more fragile right exist under our law than the rights of the indigent accused, consequently these rights are deserving of the greatest judicial solicitude. [Geiler v. Commission (1973) 10 C3d 270]

California Code of Judicial Conduct, Conduct in the Courthouse (1992), p. 1 - 10

8.  (120.800) Failure to follow the law

As a rule, discipline is not imposed on judges for mere erroneous determinations of legal issues 92. This rule has not always been followed , especially where the error takes place  in contempt proceedings,93 or where the judge knowingly ignores the rule of law.94 A judge would be guilty of misconduct to knowingly enter an order without authority.
California Code of Judicial Conduct, Conduct in the Courthouse (1992), p. 1 - 14

 
"A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and should require* similar conduct of lawyers, and of staff, court officials and others subject to the judge's direction and control."
California Code of Judicial Conduct, Conduct in the Courthouse (1992), Canon 3 B.(4), p. 7

"A judge should perform judicial duties without bias or prejudice.  A judge should not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age sexual orientation, or socioeconomic status"
California Code of Judicial Conduct, Conduct in the Courthouse (1992), Canon 3 B.(5), p. 7

"A judge should disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, or in a proceeding in which disqualification is required by law*".
California Code of Judicial Conduct, Conduct in the Courthouse (1992), Canon 3 E. Disqualification, p. 12
[Bold in the original]
 

"The judiciary has a solemn obligation to insure that the constitutional right of an accused to a fair trial is realized.  If that right would be thwarted by enforcement of a statute, the state ... must yield."
Vela v. Superior Court (1989)  208 Cal.App.3d 141 [255 Cal.Rptr. 921] (entitlement to privilege must be balance against defendant's constitutional rights of confrontation and cross-examination, in camera, to determine which privileged matters are essential to ensure these rights)

Judge has obligation to impose contempt and swiftly punish those who attempt to win by disobeying rules.
Betsworth v. W.C.A.B., (1994) 31 Cal.Rptr.2d. 664

Actore non probante reus absolvitur.
When the plaintiff does not prove his case, the defendant is absolved.

Error qui non resistitur, approbatur.
An error not resisted is approved.  Doct. & Stud. c. 70.

Errores ad sua principia referre, est refellere.
To refer errors to their origin is to refute them. 3 Co. Inst. 15.

Extra territorium jus dicenti non paretur impune.
One who exercises jurisdiction out of his territory is not obeyed with impunity.

Id quod nostrum est, sine facto nostro ad alium transferi non potest.
What belongs to us cannot be transferred to another without our consent. Dig.  50, 17, 11. But this must be understood with this qualification, that the government may take property for public use, paying the owner its value.  The title to property may also be acquired, with the consent of the owner, by a judgment of a competent tribunal.

Id possumus quod de jure possumus.
We may do what is allowed by law. Lane, 116.

Ignorantia excusatur, non juris sed facti.
Ignorance of fact may excuse, but not ignorance of law. See Ignorance.

Ignorantia legis neminem excusat.
Ignorance of fact may excuse, but not ignorance of law. 4 Bouv. Inst. n. 3828.

Ignorantia facti excusat, ignorantia juris non excusat.
Ignorance of facts excuses, ignorance of law does not excuse. 1 Co. 177; 4 Bouv. Inst. n
3828. See Ignorance.

Ignorantia judicis est calamitas innocentis.
The ignorance of the judge is the misfortune of the innocent. 2 Co. Inst. 591.

In judicio non creditur nisi juratis.
In law none is credited unless he is  sworn. All the facts must when established, by witnesses, be under oath or affirmation.
Cro. Car. 64.

Interpretatio talis in ambiguis semper fienda, ut evitetur inconveniens et absurdum.
In ambiguous things, such a construction is to be made, that what is inconvenient and absurd is to be avoided.
4 Co. Inst. 328.

Invito beneficium non datur.
No one is obliged to accept a benefit against his consent. Dig. 50, 17, 69. But if he does not dissent he will be considered as assenting. Vide Assent.

Judici officium suum excedenti non paretur.
To a judge who exceeds his office or jurisdiction no obedience is due.
Jenk. Cent. 139.

Les fictions naissent de la loi, et non la loi des fictions.
Fictions arise from the law, and not law from fictions.

Melius est omnia mala pati quam malo concentire.
It is better to suffer every wrong or ill, than to consent to it.
3 Co. Inst. 23.

Necessitas facit licitum quod alias non est licitum.
Necessity makes that lawful which otherwise is unlawful.
10 Co. 61.

Necessitas inducit privilegium quoad jura privata.
Necessity gives a preference with regard to private rights.
Bacon's Max. REg. 5.

Necessitas non habet legem.
Necessity has no law. Plowd. 18. See Necessity, and 15 Vin. Ab. 534; 22 Vin. Ab. 540.

Necessitas vincit legem.
Necessity overcomes the law. Hob. 144.

Nemo bis punitur por eodem delicto.
No one can be punished twice for the  same crime or misdemeanor. See Non bis in idem.

Nemo cogitur rem suam vendere, etiam justo pretio.
No one is bound to sell his property, even for a just price. Sed vide Eminent Domain.

Nemo damnum facit, nisi qui id fecit quod facere jus non habet.
No one is considered as committing damages, unless he is doing what he has no right to do. dig. 50, 17, 151.

Nemo dat qui non habet.
No one can give who does not possess. Jenk. Cent. 250.

Nemo tenetur seipsum accusare.
No one is bound to accuse himself.

Nemo tenetur armare adversarum contra se.
No one is bound to arm his adversary.

Nemo tenetur jurare in suam turpitudinem.
No one is bound to testify to his own baseness.

Nemo tenetur seipsam infortunis et periculis exponere.
No one is bound to expose himself to misfortune and dangers. Co. Litt. 253.

Nemo tenetur seipsum accusare.
No man is bound to accuse himself.

Nihil habet forum ex scena.
The court has nothing to do with what is not before it.

Non consentit qui errat.
He who errs does not consent. 1 Bouv. Inst. n.  581.

Non refert quid notum sit judice si notum non sit in forma judici.
It matters not what is known to the judge, if it is not known to him judicially.
3 Buls. 115.

Non videntur qui errant consentire.
He who errs is not considered as consenting.
Dig. 50, 17, 116.

Per rerum naturam, factum negantis nulla probatio est.
It is in the nature of things that he who denies a fact is not bound to prove it.

Perspicua vera non sunt probanda.
Plain truths need not be proved. Co. Litt. 16.

Potior est conditio defendentis.
Better is the condition of the defendant, than that of the plaintiff.

Probandi necessitas incumbit illi ui agit.
The necessity of proving lies with him who makes the charge.

Quaelibet jurisdictio cancellos suos habet.
Every jurisdiction has its bounds.

Quaeras de dubiis, legem bene discere si vis.
Inquire into them, is the way to know what things are really true. Litt. Sec. 443.

Qui jure suo utitur, nemini facit injuriam.
He who uses his legal rights, harms no one.

Qui melius probat, melius habet.
He who proves most, recovers most. 9 Vin. Ab. 235.

Qui tacet consentire videtur.
He who is silent appears to consent. Jenk.  Cent. 32.

Quod constat clare, non debet verificari.
What is clearly apparent need not  be proved.

Quod initio vitiosum est, non potest tractu temporis convalescere.
Time  cannot render valid an act void in its origin. Dig. 50, 17, 29.

Quod meum est sine me auferri non potest.
What is mine cannot be taken away  without my consent. Jenk. Cent. 251. Sed vide Eminent Domain.

Quotiens dubia interpretatio libertatis est, secundum libertatem respondendum erit.
Whenever there is a doubt between liberty and slavery, the decision must be in favor of liberty.
Dig. 50, 17, 20.

Quoties in verbis nulla est ambiguitas ibi nulla expositio contra verba fienda est.
When there is no ambiguity in the words, then no exposition contrary to the words is to be made. Co. Litt. 147.

Remedies for rights are ever favorably extended. 18 Vin. Ab. 521.

Semper necessitas probandi incumbit qui agit.
The claimant is always bound to prove: the burden of proof lies on him.

Stabit praesumptio donec probetur in contrarium.
A presumption will stand good until the contrary is proved. Hob. 297.

Sublata causa tollitur effectus.
Remove the cause and the effect will cease.  2 Bl. Com. 203.

Sublato fundamento cadit opus.
Remove the foundation, the structure or work fall.

Sublato principali tollitur adjunctum.
If the principal be taken away, the adjunct is also taken away. Co. Litt. 389.

Ubi damna dantur, victus victori in expensis condemnari debet.
Where damages are given, the losing party should pay the costs of the victor. 2 Inst.  289.

Ubi factum nullum ibi sortia nulla.
Where there is no deed committed, there can be no consequence. 4 Co. 43.

Ubi non est condendi auctoritas, ibi non est parendi necessitas.
Where there is no authority to enforce, there is no authority to obey. Dav. 69.

Vigilantibus et non dormientibus serviunt leges.
The laws serve the vigilant, not those who sleep upon their rights. 2 Bouv. Inst. n. 2327.
 See Laches.

Volunti non fit injuria.
He who consents cannot receive an injury. 2 Bouv.