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Due Process Violation

By: Derek Hawkins//August 12, 2020//

Due Process Violation

By: Derek Hawkins//August 12, 2020//

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WI Supreme Court

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

Case No.: 2020 WI 56

Focus: Due Process Violation

This case presents an issue of first impression: an allegation of judicial bias arising from a circuit court judge’s undisclosed social media connection with a litigant. In this case, a circuit court judge accepted a Facebook “friend request” from the mother in a custody dispute after a contested hearing, but before rendering a decision. In the course of their 25-day Facebook “friendship,” the mother “liked” 16 of the judge’s Facebook posts, “loved” two of his posts, commented on two of his posts, and “shared” and “liked” several third-party posts related to an issue that was contested at the hearing. The judge never disclosed the Facebook friendship or the communications, and he ultimately ruled entirely in the mother’s favor.

After discovering the Facebook friendship, the father moved the circuit court for reconsideration, requesting judicial disqualification and a new hearing. At the reconsideration hearing, the judge admitted to the Facebook interactions between himself and the mother. However, he denied the motion and claimed that he was impartial because he had already decided on his ruling prior to accepting her friend request.

The court of appeals reversed the circuit court’s denial of the motion for reconsideration and remanded the case with directions that it proceed before a different circuit court judge.

We conclude that the extreme facts of this case rebut the presumption of judicial impartiality and establish a due process violation. Accordingly, we affirm the court of appeals.

Affirmed

Concur: ANN WALSH BRADLEY, J., filed a concurring opinion. ZIEGLER, J., filed a concurring opinion. DALLET, J., filed a concurring opinion, in which HAGEDORN, J., joined.

Dissent: HAGEDORN, J., filed a dissenting opinion, in which REBECCA GRASSL BRADLEY, and KELLY, JJ., joined except for footnote 1 and ¶¶120-24, but do join footnote 3.

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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.

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