Opinion
S232568
12-21-2016
WALDON (BILLY RAY) ON H.C.
Order filed
By this court's order of September 21, 2016, this court appointed the Honorable Michael Smyth, Judge of the Superior Court of California, County of San Diego, as referee on behalf of this court, in this proceeding pending in this court. The superior court's order of October 19, 2016, purporting to grant a peremptory challenge to Judge Smyth under section 170.6 of the Code of Civil Procedure is hereby vacated because that provision is inapplicable.
Within 14 days from the date of this order, the Office of the State Public Defender may serve and file in this court an objection to the appointment of Judge Smyth as this court's referee in determining whether this court should appoint a guardian ad litem on behalf of petitioner, explaining the basis for any such objection. Respondent may serve and file a response to an objection within 14 days after the objection is filed, and the Office of the State Public Defender may serve and file a reply within 14 days after the response is filed.