(concurring in part and dissenting in part). While I agree with the result and reasoning in §§ i through iv of the majority opinion, I do not agree that, on remand, this case must be assigned to a different judge.
I would remand for application of the appropriate factor analysis and for findings of fact without prejudice to the plaintiff’s right to present her request for disqualification. Although I recognize that the appearance of prejudice may arise from the fortuity of the original assignment of the two cases to the trial judge, and it may be appropriate for the trial judge to recuse himself, I cannot join the order directing recusal.