Edwin Tamasese's defense lawyer has applied for recusal of Justice Alalatoa Rosella Papalii because of her connection to the Minister of Police , who is a cabinet minister.
The Minister was involved in the government's state of emergency imposed last year because of the measles outbreak.
83 people, mostly children, died in the outbreak.
But Justice Papalii said she was surprised with the ground of the application.
Two other judges were recused from hearing the same case due to a conflict of interest relating to some of the prosecution witnesses.