For the purposes of Sections 170 to 170.5, inclusive, the following definitions apply:
§ 170.5.Definitions
Title 2. Judicial Officers · Chapter 3. Disqualifications of Judges · Last amended 2002 · Last verified July 28, 2026
In one sentenceSection 170.5 defines the key terms used throughout §§ 170 to 170.5 — judge, financial interest, officer of a public agency, private practice of law, proceeding, and fiduciary — that determine when California’s disqualification rules apply.
Full Text of § 170.5
(a) “Judge” means judges of the superior courts, and court commissioners and referees.
(b) “Financial interest” means ownership of more than a 1 percent legal or equitable interest in a party, or a legal or equitable interest in a party of a fair market value in excess of one thousand five hundred dollars ($1,500), or a relationship as director, advisor or other active participant in the affairs of a party, except as follows:
(1) Ownership in a mutual or common investment fund that holds securities is not a “financial interest” in those securities unless the judge participates in the management of the fund.
(2) An office in an educational, religious, charitable, fraternal, or civic organization is not a “financial interest” in securities held by the organization.
(3) The proprietary interest of a policyholder in a mutual insurance company, or a depositor in a mutual savings association, or a similar proprietary interest, is a “financial interest” in the organization only if the outcome of the proceeding could substantially affect the value of the interest.
(c) “Officer of a public agency” does not include a Member of the Legislature or a state or local agency official acting in a legislative capacity.
(d) The third degree of relationship shall be calculated according to the civil law system.
(e) “Private practice of law” includes a fee for service, retainer, or salaried representation of private clients or public agencies, but excludes lawyers as full-time employees of public agencies or lawyers working exclusively for legal aid offices, public defender offices, or similar nonprofit entities whose clientele is by law restricted to the indigent.
(f) “Proceeding” means the action, case, cause, motion, or special proceeding to be tried or heard by the judge.
(g) “Fiduciary” includes any executor, trustee, guardian, or administrator.
Plain-English Summary
§ 170.5 is a glossary, but the definitions do real work. “Judge” covers superior court judges along with court commissioners and referees, so the disqualification chapter’s duties reach beyond judges in the narrowest sense.
“Financial interest” is defined with precision: ownership of more than 1% of a party, or an interest worth more than $1,500, or an active role like director or advisor. Three exceptions keep the definition from reaching too far — holdings in a mutual fund the judge does not manage, unpaid offices in nonprofit organizations, and a policyholder’s or depositor’s stake in a mutual insurer or savings association, which counts only if the outcome would substantially affect its value.
The rest of the section fills in supporting terms: the third degree of relationship is measured under the civil-law system; “private practice of law” excludes full-time public-agency lawyers and lawyers who work exclusively for legal aid, public defender, or similar offices serving only the indigent; “proceeding” means the action or matter before the judge; and “fiduciary” covers executors, trustees, guardians, and administrators.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
1998 Law Revision Commission Comment. Section 170.5 is amended to reflect the elimination of the justice court. Cal. Const. art. VI, §§ 1, 5(b).
2002 Law Revision Commission Comment. Subdivision (a) of Section 170.5 is amended to reflect unification of the municipal and superior courts pursuant to Article VI, Section 5(e), of the California Constitution.
Frequently Asked Questions
Who counts as a “judge” under California’s disqualification rules?
§ 170.5(a) defines “judge” to include superior court judges, court commissioners, and referees, so the disqualification duties in §§ 170 through 170.5 reach all three.
How much of a stake in a party counts as a disqualifying financial interest?
§ 170.5(b) sets the line at more than a 1% legal or equitable interest, or an interest worth more than $1,500, subject to a few narrow exceptions.
Does owning shares in a mutual fund disqualify a judge if the fund holds a party’s stock?
Not by itself. § 170.5(b)(1) excludes mutual or common investment fund holdings from “financial interest” unless the judge takes part in managing the fund.
Does working for a legal aid office count as “private practice of law” under this chapter?
No. § 170.5(e) excludes lawyers working exclusively for legal aid offices, public defender offices, or similar nonprofits serving only indigent clients.
Amendment History
Added Stats 1984 ch 1555 § 9. Amended Stats 1998 ch 931 § 47 (SB 2139), effective September 28, 1998; Stats 2002 ch 784 § 35 (SB 1316).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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