California Supreme Court

J.O. v. Super. Ct.

May 28, 2026

Summary

The court held that bad-faith blanket challenges under section 170.6 may violate separation of powers when they materially impair the judiciary’s ability to administer justice and control judicial assignments. It overruled prior precedent to the extent it barred as-applied judicial inquiry into such challenges and adopted a burden-shifting procedure requiring a timely objection and prima facie showing of a bad-faith blanket policy. The court remanded for the Court of Appeal to determine whether further proceedings were necessary.