In Re the Marriage of Markegard

¶44 I would reverse the denial of Jane’s Rule 60(b)(6) motion for relief from the judgment, vacate the judgment and remand this matter for *200a new trial before a different judge. I would also order her to pay the costs of this action to date.

¶45 Approximately one month before this divorce action commenced, Judge Gustafson met with Jane. At the time, Judge Gustafson was a practicing attorney. She consulted with Jane regarding her inevitable divorce proceedings. Jane confided in Gustafson confidential facts, pertinent to these divorce proceedings, which undoubtedly fall under the protection of…