Legal Question in Family Law in Washington
I appealed for my family law case from suprior court and lost completely for the appeal, however I just found out that the one of the few appallete judges in the same court of appeal was the husband of the trial judge I was appealing about from the suprior court.
Is this conflict of interest? Can I appeal again to a different court or is this too late?
1 Answer from Attorneys
I would not expect this would be a conflict of interest unless the appellate judge was on the panel of 3 who made the ruling--which I suspect would not be the case here. The fact that he trial judge's husband is among the 10 Division I Appellate judges is not likely a conflict of interest. However, if your appeal time to the Supreme Court is still available, you might raise the issue with the Supreme Court.
An interesting case that may be of some assistance is In re Freeman, 146 Wash. App. 250, 192 P.3d 369 (2008) aff'd sub nom. Freeman v. Freeman, 169 Wash. 2d 664, 239 P.3d 557 (2010). In that case a Division II case was heard in Division III. I asked one of the attorneys why that was so and I was told that the daughter of one of the parties was an attorney working as a law clerk for Division II. However, that fact does not appear to have been mentioned in the written opinions of the case.