Was the judge too close? RBB trial under suspicion of bias

Published on: September 23.2025Categories: Working world, LegalReading time: 3 min.
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Kilian Floß writes blog articles on legal and current topics for the Love & Law Blog.

Image: Mo Photography Berlin / Shutterstock.com

Personally known - and still a judge?

There is a new twist in the ongoing dispute between Rundfunk Berlin-Brandenburg (RBB) and its former director Patricia Schlesinger - this time it is not about expenses, company cars or luxury offices, but about the neutrality of a judge. Explosive: the judge who is to rule on the case on appeal used to be Schlesinger's neighbor. And that's not all: according to the media report, there were also personal meetings in a small circle.

The problem is obvious: how impartial can someone who knows the plaintiff from their private life be? Even if these meetings obviously took place a long time ago, RBB believes that the independence of the proceedings is at risk and is calling for clarification.

A suspicion that is enough?

The judge herself reported the contact voluntarily - a step that speaks volumes for her integrity. She informed both sides about the former neighborly relationship and asked for statements. Schlesinger's lawyer sees no cause for concern. He said: "We have confirmed the information provided by the judge. At the same time, we have expressed that we see no indication of bias."

The RBB seems to take a completely different view. According to "Bild", the broadcaster accuses the judge of jeopardizing "impartiality" due to her proximity to Schlesinger. Even the appearance of bias is sufficient, so the argument goes. After all, personal contacts could arouse mistrust - especially in proceedings involving millions. Even if all those involved have behaved correctly in formal terms, the question remains: is that enough to dispel any doubts?

RBB scandal: No end in sight

The legal dispute has long since become a battle of material. Both sides - RBB and Schlesinger - have filed an appeal following an initial ruling. This means that the entire proceedings will be reopened before the Court of Appeal. A lot of money, lost trust and a tarnished public broadcasting system are at stake.

The background to this is the scandal surrounding alleged nepotism and luxury spending under Schlesinger's leadership. Business trips, company cars, bonus payments - everything came to light. The result: dismissal without notice, public outrage, internal clean-up. And now the accusation that a judge could be too biased to judge objectively.

Neighborhood does not a scandal make

The real question is: do we want a judicial system that immediately questions the impartiality of every fleeting private contact? Or do we generally trust judges to keep professional and private matters separate? Anyone who has ever been to a barbecue party should not automatically be considered biased - should they? Of course: if personal proximity could actually have an influence, it must be disclosed. That's exactly what happened here. Alarmism about an old neighborhood distracts from the essentials - namely the actual scandal, which is still being investigated.

And to be honest: with so much public interest, so many millions at stake and a broadcaster that is currently fighting for credibility - a procedure has to be watertight. But sometimes the desire for "total objectivity" overshoots the mark.

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