Baker v. Baker
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In a divorce case, the appellant, Mr. James Baker, contested the decree entered by a successor district judge after the original district judge who presided over the trial retired. Mr. Baker argued that the successor judge violated his right to due process by making findings of fact and conclusions of law without a formal certification under the Wyoming Rules of Civil Procedure (W.R.C.P.) 63.
The Supreme Court of Wyoming concluded that Mr. Baker had waived his right to object to the successor judge's procedure. During a status conference, in which the successor judge proposed to proceed with determining the case based on the trial transcripts, Mr. Baker's counsel affirmed this approach and requested the court to make a ruling based on the existing record. Therefore, the court ruled that Mr. Baker intentionally relinquished his right to object to the successor judge's procedure, constituting a waiver.
The court also clarified that the language in W.R.C.P. 63 does not necessitate the successor judge to advise the parties of their rights under the rule. The court found no authority supporting an affirmative duty for the successor judge to do so. Hence, the court affirmed the decree of divorce entered by the successor district court judge.
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