Principle

CONSTITUTIONAL LAW – Fair Hearing – Bias – Test for Determining Real Likelihood of Bias

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

The test for bias is objective: would right-minded persons think there is a real likelihood of bias? The court does not examine the judge's actual state of mind. The impression given to others matters, not the judge's actual impartiality. Even if the judge is impartial,…

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