Justice David Porter this morning recused himself. 

He said there may be a Tasmanian judge willing to preside over the matter, or a judge from interstate would have to be flown in. 

Ellis is due to be sentenced next week after he was found guilty of killing Natalia Pearn by negligent driving. 

But Ellis has appealed the guilty verdict and wants his appeal to be heard before being sentenced. 

Tasmania Police wants to proceed with sentencing as planned. 

Until a judge willing to hear the appeal is found the dispute about the order of proceedings can't be resolved. 

Justice Porter said the court was checking with other Tasmanian judges if they were able to hear the Ellis case. 

"It may be that no judge of this court considers themselves able to deal with any substantive matters and things will have to take their course."

He said flying in an interstate judge would take longer. 

Until a judge is identified and the order of proceedings is resolved, sentencing will not go ahead.