The fact that the trial judge alerted Appellant’s counsel as to the costs associated with a jury trial constituted no cognizable prejudice to Appellant as Appellant ultimately received a jury trial. Pule v. A.S.G., 1 A.S.R.3d 7 (1997).
Failure to file a formal, written motion to disqualify constitutes a waiver on the issue of a judge’s impartiality. Tuaolo v. Fruean, 1 A.S.R.3d 33 (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 A.S.R.3d 33 (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 A.S.R.3d 33 (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 A.S.R.3d 33 (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 A.S.R.3d 33 (1997).