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