Lyons v. Superior Court

In Lyons v. Superior Court (1977) 73 Cal.App.3d 625, the court concluded that once a judge has engaged in plea bargain negotiations, it is too late to file a motion for disqualification. The Lyons court relied on the language in subdivision (1) of section 170.6, in concluding that a plea bargain "involves a contested issue of law or fact." ( Lyons v. Superior Court, supra, 73 Cal.App.3d at p. 627.) The court then discusses the numerous questions of law which may have to be determined by the court in deciding whether or not to accept a plea bargain. The pertinent language, however, is found in subdivision (2) of section 170.6, which relates only to a determination of a contested fact issue relating to the merits.