James Rogan: “this amendment would involve deleting section 6 from the bill that is before us. Section 6 as proposed would allow…”

“this amendment would involve deleting section 6 from the bill that is before us. Section 6 as proposed would allow parties as a matter of right in a civil case to peremptorily challenge a judge, without any showing of cause, for bias or prejudice. Under current law, a judge may be challenged for cause or for bias, but there must be an actual showing. My concern, Mr. Chairman, with respect to the proposal that is set forth, is that it would do a couple of things. First, it would increase the likelihood that attorneys will use the new procedure for 'forum shopping'; secondly, it would allow lawyers to put judges in the position where retail justice is being served. Mr. Chairman, in California, my home State, we have a similar provision already on the books that is being proposed by this current legislation under section 6. Unfortunately it is often used for all the wrong reasons. We have a number of examples in California where judges have been challenged not because of their ability to be fair or to hear a case; they are challenged because of their race, sex, age, political affiliation, or some other factor unrelated to their ability to sit in judgment.”