In Re Marriage of Iverson

Cheryl Iverson appeals from a judgment dissolving her marriage of 15 years to George Chick Iverson. Primarily she challenges the trial court’s finding that a premarital agreement signed by the parties was valid. She also challenges the granting of a protective order limiting discovery and the interpretation of the agreement. Chick cross-appeals from a portion of the judgment directing him to maintain a $1 million life insurance policy in favor of Cheryl.

The oral statement of decision of the judge who presided over the trial of the validity of the premarital agreement—and who acted as trier of fact in that proceeding—is so replete with gender bias that we are forced to conclude Cheryl could not have received a fair trial. Accordingly, we must reverse and direct the matter be retried before a different judge. All other issues follow in the wake of this determination.

I

Cheryl and Chick separated in April 1987. Shortly thereafter, Cheryl filed this action to dissolve the marriage.

Chick obtained an order to bifurcate the proceeding and try the validity of a premarital agreement each had signed. During the trial, Chick testified he did not want to get married, told…

While I concur in the result, I do not join in the zeal of my colleagues in flogging the trial judge for actual bias. I disdain *1503 bias of whatever kind. However, I do not agree that the trial court’s comments read in context establish actual bias. I am supported in this position by Cheryl’s own attorney who, at oral argument, admitted: “I’m not charging the judge with legal bias in terms of was he biased against my client.”

Notwithstanding this concession, the majority pounce on the trial judge’s comments during the trial’s first phase, lift the remarks out of context, and reverse the judgment, concluding the remarks established the trial judge was biased in fact against Cheryl because of her gender. As I shall explain, the grounds employed by the majority are wholly unnecessary. It matters not whether there was actual bias, appearance of bias being sufficient to warrant reversal.

The majority focus on only the first part of the trial judge’s comments explaining his ruling. To place the comments in their proper context, it is necessary to summarize his entire statement.

Initially, the trial judge found Cheryl was the first to raise the subject of marriage. He noted Cheryl…

Cheryl Iverson appeals from a judgment dissolving her marriage of 15 years to George Chick Iverson. Primarily she challenges the trial court's finding that a premarital agreement signed by the parties was valid. She also challenges the granting of a protective order limiting discovery and the interpretation of the agreement. Chick cross-appeals from a portion of the judgment directing him to maintain a $1 million life insurance policy in favor of Cheryl.

The oral statement of decision of the judge who presided over the trial of the validity of the premarital agreement — and who acted as trier of fact in that proceeding — is so replete with gender bias that we are forced to conclude Cheryl could not have received a fair trial. Accordingly, we must reverse and direct the matter be retried before a different judge. All other issues follow in the wake of this determination.

Cheryl and Chick separated in April 1987. Shortly thereafter, Cheryl filed this action to dissolve the marriage.

Chick obtained an order to bifurcate the proceeding and try the validity of a premarital agreement each had signed. During the trial, Chick testified he did not want to get…