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BOAGS v. MUNICIPAL COURT

Docket No. B030243.

197 Cal.App.3d 65 (1987)

242 Cal. Rptr. 681

CHARLES D. BOAGS, Petitioner, v. THE MUNICIPAL COURT FOR THE BEVERLY HILLS JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Seven.

December 18, 1987.

Attorney(s) appearing for the Case

COUNSEL

Nasatir & Hirsch, Richard G. Hirsch, Johnnie L. Cochran, Jr., and Harvey A. Schneider for Petitioner.

No appearance for Respondent.

Ira Reiner, District Attorney, Donald J. Kaplan and Arnold T. Guminski, Deputy District Attorneys, for Real Party in Interest.

OPINION

THE COURT.*

(1a) In this case of first impression we are called upon to decide whether a judge may be charged with a crime for failing to disqualify himself from deciding proceedings, when such disqualification is made mandatory by section 170.1 of the Code of Civil Procedure. We have concluded such prosecution constitutes an improper invasion by the executive of the province of the...

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