A trial judge who makes dispositive credibility findings in one case based partly on evidence from part-heard proceedings creates a reasonable apprehension of bias in the remaining proceedings. Judicial officers must exercise particular patience, courtesy and self-restraint when dealing with unrepresented litigants who do not have English as their first language. The totality of judicial conduct — including rude remarks, incorrect legal rulings, refusal to allow legitimate cross-examination, and leading questions to opposing witnesses — may cumulatively give rise to apprehended bias even where individual incidents might not. Waiver of the right to object to apprehended bias requires knowledge of the right to object, which cannot be assumed of unrepresented parties.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.