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HomeMy WebLinkAbout85-30 - Assembly Bill 2244 - Disqualification of JudgesRESOLUTION NO. 85 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OPPOSING AB 2244 (COSTA) REGARDING THE DISQUALIFICATION OF JUDGES • WHEREAS, AB 2244 would require disqualification of a judge in a case challenging the validity of certain zoning ordinances or land use plans adopted by a City or County if the judge, or the judge's spouse, lives in the jurisdiction whose plan or ordinance is the subject of the litigation; and WHEREAS, AB 2244 of judges familiar with, o to local land use plans or disruption, delay, and the time and energy; and WHEREAS, AB 2244 would require in the disqualification r presently presiding over, challenges ordinances, and would result in substantial expenditure of judicial would require challenges to local land use or zoning ordinances to be transferred to a different County and, given the complexity of such litigation, will involve a substantial increase in the time, effort and money devoted to the defense of such cases by public entities; and WHEREAS, AB 2244 incorrectly implies that judges living within a City or County whose general plan or zoning ordinances are the subject of legal challenge, will be biased or prejudiced in favor of the local agency; and WHEREAS, judges of the Superior Court are frequently called upon to decide cases, such as claims against public entities for paralyzing injuries and lawsuits challenging massive public works, which would have greatear impact on the jurisdiction in which they live, andin these cases the judges are not, and should not be, required to disqualify themselves in such • cases. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach hereby opposes AB 2244. ADOPTED this 22nd day of April , 1985. Ma;7or AAAAW ATTE T: City Clerk