Bias of the judge when sending a draft judgment

Overworked court clerks often send documents to the wrong parties, as all colleagues from Germany can confirm. In one case, a judge's draft judgment was sent out, revealing that she intended to grant an eviction claim – while the trial was still ongoing.

The judge noticed the mistake and informed the parties that they should simply ignore the draft. The legal representative of the tenant concerned then filed a motion for bias, which was rejected by the regional court but then upheld by the higher regional court. Objective reasons may be considered for the assumption of bias if they suggest that the judge will not decide the case impartially and without prejudice. Although draft judgments are common in the judiciary and the judge pointed out that she had not sent the draft herself, the impression that the subsequent proceedings only served to better justify her biased conclusion could not be dismissed. (Higher Regional Court of Frankfurt am Main, decision of June 4, 2025, 9 W 13/25)

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