In Re Marriage of Kelso

Introduction

Appellant Linda N. Wisotsky, an attorney, formerly represented the wife in this marital dissolution action. Prior to substituting out as the wife’s attorney, appellant obtained, pursuant to In re Marriage of Borson (1974) 37 Cal.App.3d 632 [ 112 Cal.Rptr. 432 ] (hereafter Borson), an order reserving the court’s jurisdiction to award attorney fees and costs for appellant’s prior services. The judicial officer who was then hearing the matter, Commissioner Clemens, disqualified himself from determining the issue of attorney fees and costs for appellant’s prior services, on the ground he was biased against appellant. Nevertheless, in proceedings of which appellant had no notice and from which appellant was excluded, Commissioner Clemens determined that during the time the wife was represented by appellant, the wife made totally unfounded allegations of child abuse against the husband; Commissioner Clemens ordered the wife to pay the husband $5,000 as a sanction under Family Code section 271, and allowed $5,000 to the wife’s subsequent attorney, payable by the husband.

Appellant requested that a neutral judge hold a hearing on appellant’s attorney fees, free of…