What is the test for impartiality in a trial judge?
California, United States of America
The following excerpt is from Putnam v. Clague, 3 Cal.App.4th 542, 5 Cal.Rptr.2d 25 (Cal. App. 1992):
" 'Although discretion is vested in the trial judge, that discretion is not unfettered. It cannot be exercised arbitrarily, but must be an impartial discretion to be exercised in conformity with the spirit of the law and in a manner to subserve the ends of substantial justice.' [Citation.]" (Longshore v. Pine (1986) 176 Cal.App.3d 731, 737, 222 Cal.Rptr. 364.)
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