Judges

Failure to file a formal, written motion to disqualify constitutes a waiver on the issue of a judge’s impartiality. Tuaolo v. Fruean, 1 ASR3d 28 (1997).

A judge’s impartiality is a pre-trial issue. Motions to disqualify judges made after trial are improper and untimely. Tuaolo v. Fruean, 1 ASR3d 28 (1997).

Under the “Rule of Necessity,” an interested judge is required to sit on a matter where it otherwise would not be heard. Tuaolo v. Fruean, 1 ASR3d 28 (1997).

The “Rule of Necessity” requires judges to sit even when where they otherwise would be required to recuse themselves sua sponte.

Tuaolo v. Fruean, 1 ASR3d 28 (1997).

The “Rule of Necessity” is properly invoked where there is no evidence to suggest that sufficient replacement judges are available. Tuaolo v. Fruean, 1 ASR3d 28 (1997).

A mere professional relationship or friendly acquaintance is insufficient to create the appearance of partiality. Tuaolo v. Fruean, 1 ASR3d 28 (1997).