Questão jurídica principal
Whether the recusal objection against judge Z________ was raised too late
Decisão extraída
The recusal objection was not tardily raised in a manner compatible with the right to an impartial tribunal; the cantonal court’s timeliness reasoning was inconsistent.
Fundamentação extraída
A party must invoke a recusal ground as soon as it becomes known, but the cantonal court could not simultaneously assume the appellant learned of the ground only after the hearing and yet impute knowledge after a telephone call without establishing that the conflict ground itself was communicated. The composition issue could not depend on which co-counsel physically attended the hearing.