What is the legal test for discretion of a judge?

California, United States of America


The following excerpt is from Adoption of Richardson, In re, 251 Cal.App.2d 222, 59 Cal.Rptr. 323 (Cal. App. 1967):

In Bailey v. Taaffe, 29 Cal. 422, at page 424, referring to a discretion of the judge, it is stated: 'The discretion intended, however, is not a capricious or arbitrary discretion, but an impartial discretion, guided and controlled in its exercise by fixed legal principles. It is not a mental discretion, to be exercised Ex gratia, but a legal discretion, to be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice.'

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