Key legal question
Whether the trial judge had to be recused for alleged bias, improper handling of the hearing, and alleged backdating of the summary judgment.
Extracted holding
The recusal request was unfounded; the alleged conduct did not objectively create an appearance of bias, and the judge could continue preparing and issuing the decision after the recusal request had been filed.
Extracted reasoning
The Federal Court held that the judgment had been rendered on the hearing date and dated accordingly under the cantonal rules; no proof showed later fabrication or manipulation. A recusal request has no suspensive effect under the applicable procedure or under Art. 30(1) BV. The alleged hearing irregularities were either unsubstantiated or not sufficiently serious or repeated to establish bias.