Facts

The appellant, Attorney Dr. [X.] , was fined CHF 100.- by the Police Judge of the City of Zurich for disregarding the traffic sign "No U-Turn". He filed an objection and requested a judicial assessment. At the main hearing before the Single Judge A. Pfeiffer at the District Court of Zurich, she expressed that she was "rather surprised" that the appellant had not withdrawn the objection. Thereupon, the appellant filed a motion for disqualification against the judge. The Single Judge dismissed the objection and convicted the appellant. The appellant filed a nullity appeal and a motion for disqualification, which were rejected by the High Court of the Canton of Zurich. Thereupon, the appellant filed a constitutional appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that the right to an impartial judge pursuant to Art. 30 para. 1 Cst. and Art. 6 para. 1 ECHR is violated if, from an objective point of view, there are circumstances that give rise to the appearance of bias and prejudice. However, the statement of the Single Judge that she was "rather surprised" that the appellant had not withdrawn the objection does not, in the opinion of the Federal Supreme Court, give the impression that the…