ARLINGTON, Va. — The Arlington County Circuit judge who ruled to allow school boards in Virginia to enforce their mask requirements disclosed her husband is a teacher. Despite the information, attorneys from both parties had no objections.
Judge Louise DiMatteo sided with seven Virginia school boards. The boards filed a lawsuit on whether schools or Virginia Gov. Glenn Youngkin (R) have the ultimate decision on if students should wear face masks in school to protect themselves against COVID-19.
The school boards of Alexandria City, Arlington County, City of Richmond, Fairfax County, Falls Church City, Hampton City and Prince William County all joined forces to challenge Youngkin's executive order to make masks optional in schools in the Commonwealth.
In a memorandum opinion issued Friday, Judge Louise DiMatteo granted the school boards' request for a temporary restraining order to halt Youngkin's policy to make masks optional in schools.
Conservative groups and critics have questioned if DiMatteo should have recused herself from the case since her husband is a school teacher in Arlington County.
"CONFLICT OF INTEREST?" Fairfax Republicans tweeted out Saturday.
"CONFLICT OF INTEREST?!" Arlington Republicans posted on Facebook.
In response to NOVA Campaigns on Twitter regarding why DiMatteo did not recuse herself, Fairfax County Public Schools said, "In the interest of transparency, Judge Di Matteo disclosed her husband's employment well ahead of the hearing."
The attorney for the school boards, John Cafferky, confirmed the judge told the attorneys during a conference call two days before the hearing that her spouse worked at an Arlington school. Cafferky said she was not legally obligated to inform them that he was a teacher.
"Neither party objected or had an issue with her remaining on the case as judge, because it’s not a conflict," Cafferky said. "On behalf of Plaintiffs, I indicated on the call that there was no objection to her continuing to serve, and counsel for the Governor – after checking internally – responded in writing two hours later stating that they did not have an issue with the judge presiding in the case, and that there was no need for a further call."
Virginia Attorney General Jason Miyares' spokeswoman Victoria LaCivita confirmed the same information with a statement:
“Judge DiMatteo disclosed to the parties on Monday Jan. 31 that her husband worked as a high school teacher in Arlington County Public Schools. Our office, on behalf of the Governor, did not object to the judge continuing to preside over the case.”
GW Law Professor Jessica Tillipman said based on the circumstances, DiMatteo did what she could to alleviate concerns.
"Sometimes things require recusal depending on the nature of potential conflict, but sometimes they don't and it sounds like in this instance she didn't have a legal requirement to recuse," Tillipman told WUSA9. "Here she did what we would expect and the decision makers can take it from there and here it sounds like she followed the appropriate steps."
Youngkin's team said it was disappointed the trial court did not fully agree with the interpretation of the law in the case and plans to appeal the ruling.