The 2nd District Court of Appeal agreed with Jolie that Judge John W. Ouderkirk didn’t sufficiently disclose business relationships with Pitt’s attorneys.
“Judge Ouderkirk’s ethical breach, considered together with the information disclosed concerning his recent professional relationships with Pitt’s counsel, might cause an objective person, aware of all the facts, reasonably to entertain a doubt as to the judge’s ability to be impartial. Disqualification is required,” the court ruled.
The decision means that the custody fight over the couple’s five minor children, which was nearing an end, could be starting over.
The judge already ruled the pair divorced, but separated the child custody issues.
Like many celebrity couples, Pitt and Jolie opted to hire their own judge to increase their privacy in the divorce proceedings.
Ouderkirk declined to disqualify himself when Jolie asked him to in a filing in August. A lower court judge ruled that Jolie’s request for disqualification came too late. Jolie’s attorneys then appealed.
The July 9 oral arguments in front of the appeals court focused on exactly which ethical rules should apply to private judges, who, like Ouderkirk, are usually retired superior court judges.
“If you’re going to play the role of a paid private judge you have to play by the rules and the rules are very clear, they require full transparency,” Jolie’s attorney Robert Olson said. “Matters that should have been disclosed were not disclosed.”
The panel questioned whether such an arrangement should be allowed in California at all, but their ruling applies only to Ouderkirk.
Attorneys for the two sides did not have an immediate comment on the ruling.
Jolie, 46, and Pitt, 57, were among Hollywood’s most prominent couples for 12 years. They had been married for two years when Jolie filed for divorce in 2016. They were declared divorced in April 2019, after their lawyers asked for a judgment that allowed a married couple to be declared single while other issues remained, including finances and child custody.
In May, Jolie and her attorneys criticized Ouderkirk for not allowing the couple’s children to testify in the proceedings.
The actress also said the judge “has failed to adequately consider” a section of the California courts code, which says it is detrimental to the best interest of the child if custody is awarded to a person with a history of domestic violence. Her filing did not give details about what it was referring to, but her lawyers submitted a document under seal in March that purportedly offers additional information.
The ruling does not address whether the children should be allowed to testify in the case.