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Challenging a biased judge

Mackey v. Olejniczak

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Mackey asks the Supreme Court to review the California appeals court’s dismissal of his appeals as untimely.
What's at stake
The petition asks whether Mackey may challenge his 2024 hearing based on alleged facts that came to light after the usual appeal deadline.

Summary: written with AI from the case record.

What it's about

He says former Judge Israel Claustro concealed criminal conduct while presiding over Mackey’s 2024 domestic-violence and custody hearing, then pleaded guilty to a federal felony in 2026; Mackey argues due process must permit a later challenge.

Former Judge Israel Claustro presided over Mackey’s 2024 domestic-violence and custody hearing. Mackey says Claustro concealed criminal conduct while on the bench; Claustro pleaded guilty to a federal felony in January 2026 and resigned that day.

Mackey argues the Constitution must provide a way to raise a serious claim of judge bias when the facts were concealed and surfaced after the normal appeal period.

Question presented

1. Whether the Due Process Clause of the Fourteenth Amendment requires a State to afford some procedural mechanism, subject to appellate review, through which a litigant may raise a substantial claim that the judge who decided his case was constitutionally disqualified by criminal conduct the judge concealed, where the facts supporting the claim could not have been discovered until after the ordinary time to appeal had run, and where the State’s appellate courts have dismissed the claim as untimely without reaching it, pointing only to a trial-court motion whose availability for such a claim is unsettled under state law. 2. Whether Rippo v. Baker, 580 U.S. 285 (2017) — which holds that the Due Process Clause guarantees an objectively impartial tribunal — together with the principle this Court applied in Bracy v. Gramley, 520 U.S. 899 (1997), in permitting a habeas petitioner to develop a comparable bias claim through discovery before being held to his ultimate burden of proof, is satisfied by a State’s direction to file a fresh motion in the trial court under a provision whose availability for a claim of this kind is unsettled under state law, with appellate review available only from a denial and no tolling of the clock that has run in the interim. 3. Whether Bowles v. Russell, 551 U.S. 205 (2007), which holds that courts lack authority to create equitable exceptions to a jurisdictional filing deadline, applies with the same force where the litigant’s claim could not have been formulated at all before the deadline expired, because the fact giving rise to it was concealed by the very judicial officer whose conduct is at issue — or whether that circumstance instead bears on when such a claim accrues, a question Bowles did not present or decide.

What happens next

The next step is for the Supreme Court to decide whether to hear the case. No oral argument or decision date is set.

Documents

1

Docket activity

5
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Oct 6, 2026 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis