A party represented by counsel in criminal proceedings may waive the right to object on the ground of apprehended bias through counsel's conduct at trial, including by failing to object to a judicial officer's continued involvement after the issue is raised. The doctrine of waiver from Vakauta v Kelly applies in criminal proceedings. A magistrate who has sentenced a co-defendant on a guilty plea based on agreed facts does not thereby become disqualified from presiding over the contested trial of another defendant arising from the same incident, because sentencing on agreed facts is markedly different from making independent findings of fact.
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