Freeman

We granted review in this case to determine whether the appearance of bias by a judge requires recusal under the due process clause of the federal Constitution. (U.S. Const., 14th Amend.) While this matter was pending the United States Supreme Court filed its opinion in Caperton v. A. T. Massey Coal Co. (2009) 556 U.S._[ 173 L.Ed.2d 1208 , 129 S.Ct. 2252 ]. The court’s exhaustive review of its jurisprudence in this delicate realm of constitutional law compels the following conclusions: while a showing of actual bias is not required for judicial disqualification under the due process clause, neither is the mere appearance of bias sufficient. Instead, based on an objective assessment of the circumstances in the particular case, there must exist “ ‘the probability of actual bias on the part of the judge or decision-maker [that] is too high to be constitutionally tolerable.’ ” (556 U.S. at p._ [ 129 S.Ct. at p. 2259 ].) Where only the appearance of bias is at issue, a litigant’s recourse is to seek disqualification under state disqualification statutes: “Because the codes of judicial conduct provide more protection than due process requires, most disputes over…