One of the explanations Samantha Bley offers for the Judge's lapses is that "his intermediary, ARC, may have let him down." While Bley goes on to note that it is not an excuse, she leaves room to forgive the lapses and give him another chance. Her consistent efforts throughout to clear Judge Ouderkirk of any deliberate wrongdoing sets up such a possibility.
The filing was not sealed because it has nothing to do with them. The issue is Judge Ouderkirk's undisclosed repeat customer relationship with Brad's counsel that "create doubts about a privately-compensated judge's ability to remain impartial." Brad's "counsel" is everyone on his team -- Lance Spiegel, Anne Kiley and their law firms. It appears Bley is now Angelina's sole attorney. She refers only to herself in asserting that unlike Brad's counsel, Angelina's counsel is based in the Bay Area and thus she is not likely to give Judge Ouderkirk in Los Angeles repeat business.
The petition gave the Court, through Judge Ouderkirk, oversight of the therapeutic process that guides efforts to repair relations between Brad and the children. It was done at the DCFS' and the childcare professionals' "encouragement" as a safeguard that recommendations are followed and the children are allowed to heal. Bley noted in her Memorandum of Points and Authorities, that Brad "insisted, as a condition for resolving the issues, on Judge Ouderkirk remaining as the private judge." After initially seeking in early December, 2016 to circumvent the therapeutic process laid out by the therapists, Brad finally agreed to fully abide by the process subject to Court oversight on the condition that the Court is represented by Judge Ouderkirk. The Judge was appointed January, 2017. Bley's statement makes two things very clear: 1) they are dealing with the reunification process and not with divorce which would not allow Brad to insist on any such condition, nor does the condition make any sense in that context, and 2) Brad likes Judge Ouderkirk. And Angelina likes him too. Judge Ouderkirk was their guest at Miraval when he officiated at their wedding. He would know the entire family very well and they in turn trusted him with their then top secret ceremony. When they appointed Judge Ouderkirk, they said, "The parents are committed to act as a united front to effectuate recovery and reunification."
Entertainment reporters tend to misread documents. Contrary to the impression left by AP's report, Bley does not mention there ever having been any disagreement concerning Judge Ouderkirk -- not on his appointment and the extensions thereof, and not on the disclosures. Both the Judge and Brad's counsel admit there was a failure to comply with disclosure obligations so the matter is not in dispute. There was also no prior attempt to disqualify Judge Ouderkirk. While the AP quotes from the MPA that Brad's counsel “actively advocated for Judge Ouderkirk’s financial interests in moving -- over the opposing parties opposition -- to have his appointment extended in a high profile case”, it neglected to say that this occurred in the Marriage of Levitan -- not in their case. It is always best to read the actual documents and not rely on a reporter's interpretation, even one from the AP.
DOCUMENTS FILED
08/13/2020 Remote Appearance - Scheduled Filed by Petitioner
08/11/2020 Remote Appearance - Scheduled Filed by Petitioner
08/07/2020 Memorandum - Points and Authorities (in support of verified statement of disqualification ) Filed by Petitioner
08/07/2020 Miscellaneous (Verified Statement of Grounds for objecting to and requiring disqualification of temporary Judge appointed in this matter ) Filed by Petitioner
FUTURE HEARINGS
08/17/2020 at 1:30 PM in Department 2 at 111 North Hill Street, Los Angeles, CA 90012 - Conference
Angelina Jolie says a private judge overseeing her divorce from Brad Pitt should be removed because of his "current, ongoing, repeat-customer relationship" with one of Pitt's attorneys. Jolie filed for divorce in 2016. Most court filings remain sealed.— AP Entertainment (@APEntertainment) August 10, 2020
https://t.co/bqonTDOGT9
“As is set forth in the filing, all my client is asking for is a fair trial based on facts, with no special favors extended to either side,” Jolie’s attorney Samantha Bley DeJean said in an email to The Associated Press. “The only way litigants can trust the process is for everyone involved to ensure that there is transparency and impartiality.”
