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Civil Procedure

Jul. 1, 2026

An extraordinary right, narrowed by an extraordinary abuse

California's J.O. v. Superior Court limits abusive peremptory challenges by allowing scrutiny of repeated strikes against judges, even as it raises concerns about challenges based on perceived judicial bias.

Okorie Okorocha

Okorie Okorocha is a dual-trained toxicologist and trial attorney, and founder of Toxicolawgy.com

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An extraordinary right, narrowed by an extraordinary abuse
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The facts behind J.O. v. Superior Court, the California Supreme Court's May 28 decision, are not the kind most litigants will ever see. After a San Joaquin County judge admonished a deputy county counsel for improper conduct, that office allegedly filed "an estimated 325 challenges (against a judge in conservatorship cases) in the span of less than four months," or roughly four peremptory challenges per court day, causing her removal from the entire specialized calenda...

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