Justice Nadelson wrestled with the following difficult question in East Coast Med. Care, P.C. v. State Farm Mut. Auto. Ins. Co.: Under what circumstances can a court declare, sua sponte, a mistrial?  This case involved a dispute over first-party benefits under an automobile insurance policy.

The trial judge in the matter heard part of the testimony, but had to break for the holidays.  Thereafter, the trial was to commence but the Office of Court Administration transferred the trial judge to a criminal part.  OCA allowed the trial judge some time to finish up the trial, but  the trial was unable to finish up during that time period. 

Justice Nadelson held that the trial judge’s declaration of a mistrial was appropriate.  She noted that, because it is a bench trial, it would be seemingly improper for a substituted judge to render a decision based on evidence he or she did not hear, given by witnesses whose credibility he or she could not evaluate. Therefore, because a different judge could not be allowed to continue the trial, Justice Nadelson addressed whether the trial judge’s reassignment constituted a sufficient unexpected disability to warrant the declaration of a mistrial.   She held that it did and upheld the declaration of a mistrial.