Custody and Placement Modification

Listen to this article

WI Court of Appeals – District III

Case Name: Timothy W. Miller v. Angela L. Carroll

Case No.: 2017AP2132

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Custody and Placement Modification

Timothy Miller appeals an order granting Angela Carroll’s motion for modification of custody and physical placement of their minor son, Bruce, and establishing child support payments by Miller. He also appeals an order denying his motion for reconsideration. Miller argues the circuit court demonstrated objective bias by accepting a Facebook “friend” request from Carroll after a contested evidentiary hearing, but before issuing a decision on Carroll’s motion.

This case involves what appears to be an issue of first impression in Wisconsin: a claim of judicial bias arising from a judge’s use of electronic social media (ESM). Although we need not determine whether a bright-line rule prohibiting the judicial use of ESM is appropriate or necessary, we conclude that the circuit court’s undisclosed ESM connection with a current litigant in this case created a great risk of actual bias, resulting in the appearance of partiality. Accordingly, Miller has demonstrated the judge was objectively biased. We therefore reverse and remand the case for further proceedings before a different judge.

Recommended for Publication

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.