The government last week announced parliament would be recalled for a special sitting 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 February.
Geason's lawyer at the weekend wrote to parliament's lower house Speaker and upper house leader claiming the government's proposed motion was unconstitutional.
His lawyer threatened legal action if the suspension motion passed parliament.
Geason has been on leave since early November and on Sunday gave a written guarantee to MPs he wouldn't function as a judge until the conclusion of the criminal matters.
Attorney-General Guy Barnett told parliament in light of the written guarantee he was assured Geason would remain on leave.
"Coupled with the prospect of a constitutional challenge it is my view ... confidence in the justice system will be maintained as a result of (Geason's) undertaking," he told parliament.
"I do not consider it is necessary to move the foreshadowed motion."
State Labor Opposition Leader Rebecca White earlier used parliament to push for an inquiry into whether there was any political interference in relation to Geason's court appearance.
She also said an inquiry would examine the decision to exclude media from the court and why Geason was given a lift by police afterwards.
Tasmanian Opposition Leader Rebecca White questioned 'special treatment' given to an accused judge. (Loic Le Guilly/AAP PHOTOS)
"It's unusual behaviour, not afforded to anybody else who is facing the court," Ms White said.
"There are questions about why special treatment was afforded."
Ms White said an inquiry should also investigate a leaked text message from Chief Justice Alan Blow to Geason in which Justice Blow indicated he had spoken to Mr Barnett about parliament being recalled and "one option" was for Geason to resign.
The Liberal government, which is in minority, used its numbers to ensure the inquiry bid didn't reach the two-thirds support required to progress.
Mr Barnett rejected claims of political interference, saying Labor had "politicised" the issue.
Ms White labelled the government a "complete mess" after Mr Barnett tried unsuccessfully to adjourn the resumption of parliament to the afternoon so members could have a briefing.
Mr Barnett said the government had received additional advice about the suspension motion on Tuesday morning.
Greens leader Rosalie Woodruff described the situation as a "cluster fiasco".
"We asked yesterday for advice and there was nothing. We were working on the premise they had done the work," she said.
Geason's lawyers provided advice to MPs that 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.
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.
Mr 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.
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