Questione giuridica chiave
Whether the cantonal tribunal president had to be recused in this new case because of his participation in a prior annulled decision
Decisione estratta
No. The prior annulment rested on an objective appearance of bias in that different case, not on proof of personal partiality, and no concrete circumstances showed bias in the present matter.
Motivazione estratta
The present complaint was directed against a third party, not against the judge or other magistrates involved in the earlier case. A judge is not presumed biased merely because he previously erred or because a prior decision was annulled; impartiality is all the more presumed when he must decide a different case filed by the same complainant.