Whether the appellate court should set aside the first-instance judgment due to an alleged violation of the constitutional judge guarantee and improper bench composition.
The recusal/judge-composition objection was raised too late and, in any event, the appointment of the acting district court officer was lawful under cantonal law.
The party had to object as soon as the bench change became known. Raising the issue only on appeal breached good faith. The acting officer was appointed under the applicable cantonal rules and constitutionally valid.