Kernrechtsfrage
Whether the two cantonal judges had to be recused for apparent bias after previously expressing firm views in deliberation.
Extrahierter Entscheid
Recusal was not required; prior firm opinions in an earlier deliberation did not, in this procedural posture, show that the outcome was predetermined.
Extrahierte Begründung
The court held that impartiality is violated only if the later outcome is no longer open. Here, after the Federal Court remand, the cantonal court had to re-examine the case in a more specific and circumstantiated way. Professional judges are expected to set aside earlier views formed in a different procedural context. The complained-of statements could also be explained by the dynamics of internal deliberation.