Westchester County Family Court Judge Arlene Kata sua sponte declared a mistrial in a child custody proceeding after the court-appointed forensic evaluator sent an inappropriate email to counsel and the court a day before the evaluator’s continued testimony in contravention of the evaluator’s order of appointment and the court’s admonitions on the record.
The email appeared to criticize counsel and the court’s handling of the proceeding, and attempted to direct counsel as to how to conduct and respond to questions asked of the evaluator on the witness stand.
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