A move to suspend a Supreme Court judge accused of assault and emotional abuse has been thrown off course by concerns over its constitutionality. Tasmania's government last week announced state parliament would be called back on Tuesday to debate a motion calling on the governor to suspend Justice Gregory Geason. Geason has pleaded not guilty to one count each of assault and emotional abuse. He appeared in Hobart Magistrates Court on December 1 after being charged earlier in the day and is expected to reappear in early February. Geason's legal team at the weekend wrote to the parliament's lower house Speaker and upper house leader claiming the government's proposed motion was not constitutional. A spokeswoman for the Liberal government, which is in minority with just 11 of 25 lower house seats, said advice was being sought on the matter. The state's Labor opposition said it was seeking its own legal advice, with MP Dean Winter not confirming whether his party would support the motion. Greens leader Roslie Woodruff and two key crossbench independents have told The Australian newspaper they have concerns. The letter sent by Geason's lawyer was supported by legal opinion from experienced lawyers Greg Barns SC and Grant Donaldson SC. The pair said the relevant legislation, the Supreme Court (Judges' Independence) Act 1857, does not expressly empower the Tasmanian parliament to suspend or remove a justice of the Supreme Court. "The act merely provides that any purported suspension or removal is unlawful unless preceded by an address of both houses of parliament," they said. It is alleged Geason emotionally abused or intimidated a person between April and November and tracked them using technology. He has been accused of assaulting the person on October 31 by grabbing their arms, squeezing, shaking them and striking them with his hand. Tasmanian Attorney-General Guy Barnett last week scrapped plans to set up an inquiry into Geason's fitness to serve as a judge, instead saying the suspension motion would be moved. Mr Barnett said it was appropriate Geason be suspended in light of the serious charges against him. Geason has been on leave since early November and has given a written guarantee to MPs he won't function as a judge until the conclusion of the criminal matters. Australian Associated Press