Jeffrey Francis Barry v. Amy Kathleen Schwender

Whether a state court's failure to apply the "Appearance of Impropriety" standard established in Rippo v. Baker (2017) represents a structural error that mandates vacatur when a judicial insider is employed as the assistant to the Head Administrative Judge, and who maintains a direct professional and personal relationships with the specific judges overseeing Judicial Assignment and the adjudication of the insider’s own family matter ?

Whether a procedural two-step custody framework under which a state court first (1st) determines if a fit parent has shown ‘sufficient change’ to permit amendment, then second (2nd) conducts evidentiary fact-finding, in effect forecloses on the court a reasonable opportunity to hear timely evidence of child best interests, and whether that thereby creates a structural fairness issue protected against by the Fourteenth Amendment ?

Whether a state’s failure to utilize a presumption favoring rebuttable equal custody rights constitutes an arbitrary deprivation of parental liberty protected by the Fourteenth Amendment ?