Advance Release Opinions – March 9

The Connecticut Appellate Court advance released opinions about family law and judicial disqualification, which I review below. The Appellate Court also advance released opinions about two criminal and one habeas corpus matter, which I do not review.

Family Law

Zilkha v. Zilkha – In this child custody and visitation matter, the Appellate Court rejected defendant’s claims that the trial court (i) improperly delegated it judicial function and failed to consider public policy and the children’s best interests in giving the children considerable control over defendant’s access to them; (ii) improperly denied defendant’s motions to modify custody and visitation by relying on events that happened between 2004 and 2007, which he claimed trial court had earlier indicated were too remote and insufficiently weighty; (iii) improperly adopted recommendations of the children’s guardian ad litem, whom he claimed acted as an attorney for the children instead of a guardian ad litem; and (iv) improperly based its decision on what he claimed was an erroneous factual finding that the reconciliation therapist had ended reconciliation therapy.

Judicial Disqualification

Carvalhos Masonry, LLC v. S and L Variety Contractors, LLC – After trying the case, but before rendering a decision, the trial court suggested that the parties stipulate to a judgment for a specific amount. Plaintiff accepted the trial court’s suggestion; defendant rejected it. Three weeks later, the trial court issued a memorandum of decision finding for plaintiff in the exact amount of its settlement suggestion. Appellate Court reversed and remanded for a new trial, finding that the trial court should have disqualified itself from deciding liability and damages after its failed attempt to convince the parties to stipulate to a judgment because of the concern that rejecting the court’s suggestion may result in retributive sanction or judicial displeasure.