IN RE PATERNITY OF B.J.M.

No. 2017AP2132.

944 N.W.2d 542 (2020)

2020 WI 56

IN RE PATERNITY OF B.J.M. Timothy W. Miller, Joint-Petitioner-Appellant, v. Angela L. Carroll, Joint-Petitioner-Respondent-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: June 16, 2020.


Attorney(s) appearing for the Case

For the joint-petitioner-respondent-petitioner, there were briefs filed by Brandon M. Schwartz , Michael D. Schwartz , and Schwartz Law Firm, Oakdale, Minnesota. There was an oral argument by Brandon M. Schwartz.

For the joint-petitioner-appellant, there was a brief filed by Stephanie L. Finn , David J. Rice , Terry L. Moore , and Herrick & Hart, S.C., Eau Claire. There was an oral argument by Terry L. Moore.

An amicus curiae brief was filed on behalf of Wisconsin Chapter of American Academy of Matrimonial Lawyers by Daniel P. Bestul and Duxstad & Bestul, S.C., Monroe; with whom on the brief was Jennifer Van Kirk and Peckerman, Klein & Van Kirk LLP, Milwaukee.

DALLET, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., and ZIEGLER, J., joined; and in which ANN WALSH BRADLEY, J., joined except for footnote 18. 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. 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.


¶1 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.

¶2 In this case, a circuit court judge accepted a Facebook "friend request" from the mother in a custody dispute after a contested...

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