2009 California Penal Code - Section 1053 :: Chapter 9. Postponement Of The Trial


1053.  If after the commencement of the trial of a criminal action
or proceeding in any court the judge or justice presiding at the
trial shall die, become ill, or for any other reason be unable to
proceed with the trial, any other judge or justice of the court in
which the trial is proceeding may proceed with and finish the trial;
or if there be no other judge or justice of that court available,
then the clerk, sheriff, or marshal shall adjourn the court and
notify the Chairman of the Judicial Council of the facts, and shall
continue the case from day to day until the time that the chairman
shall designate and assign a judge or justice of some other court,
and the judge or justice shall arrive, to proceed with and complete
the trial, or until such time as by stipulation in writing between
the prosecuting attorney and the attorney for the defendant, filed
with the court, a judge or justice shall be agreed upon by them, and
the judge or justice shall arrive to complete the trial. The judge or
justice authorized by this section to proceed with and complete the
trial shall have the same power, authority, and jurisdiction as if
the trial had been commenced before that judge or justice.

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