In what circumstances will a judge be found to be impartial in a motion for a new trial?

California, United States of America

The following excerpt is from Ristow v. Cnty. of San Bernardino, E053531 (Cal. App. 2012):

Due to the foregoing inferences, we apply the following prejudice rule: "'Where the average person could well entertain doubt whether the trial judge was impartial, appellate courts are not required to speculate whether the bias was actual or merely apparent, or whether the result would have been the same if the evidence had been impartially considered and the matter dispassionately decided [citation], but should reverse the judgment and remand the matter to a different judge for a new trial on all issues.' [Citation.]" (Haluck v. Ricoh Electronics (2007) 151 Cal.App.4th 994, 1009.)

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