Judge Chided for Showing ‘Gender Bias’ in Divorce Case : Courts: Retrial is ordered for a Newport couple after the jurist likened the woman to a cow giving free milk.

A state appeals court has rebuked an Orange County judge for sexist comments from the bench in a divorce case, including dismissing a woman’s claims that her live-in lover was the first to suggest marriage by asking: “why . . . buy the cow when you get the milk free?”

The appellate court, citing the “gender bias” shown by Superior Court Judge Ragnar R. Engebretsen, took the unusual step of ordering a retrial before a new judge in the divorce proceedings involving Cheryl Iverson and George (Chick) Iverson, a wealthy Newport Beach car dealer.

In a ruling issued Tuesday, the appellate court concluded that Engebretsen’s sexist comments and his comparison of Cheryl Iverson to a cow were “so replete with gender bias that we are forced to conclude Cheryl could not have received a fair trial.”

“The day is long past when appellate courts can disregard judicial action rooted in racial or sexual bias as harmless error,” wrote David G. Sills, presiding justice of the 4th District Court of Appeal, who was joined by Associate Justice Edward J. Wallin.

Engebretsen could not be reached for comment Wednesday.

While deciding a dispute over the validity of a prenuptial agreement that governed distribution of community property potentially worth between $5 million and $10 million to Cheryl Iverson, the judge repeatedly referred to the woman’s appearance, describing her as a “girl” even though she was in her 40s at the time.

Engebretsen ultimately ruled that the prenuptial agreement was valid, concluding that Cheryl Iverson had forced the issue of marriage because she “did not have much of an education, and did not have much of a background in business, and did not have much by way of material wealth. (She) had nothing going for her except for her physical attractiveness.”

The couple met in 1972 and moved in together after a few lunch dates, enjoying a lavish lifestyle and rubbing elbows with late actor John Wayne. Wayne threw a wedding party in Hawaii for the couple and was asked to be the best man, according to Cheryl Iverson’s attorney, Marjorie Fuller.

The case centered on claims by Cheryl Iverson that she did not fully read or comprehend the premarital agreement, which denied her any community property upon divorce. It was estimated during the trial that wealth accumulated by Iverson during his 15-year marriage to Cheryl Iverson totaled between $10 million and $20 million before they separated in 1987, officials said.

While announcing his ruling, Engebretsen made it clear he did not believe Cheryl Iverson’s claims that George Iverson initiated the marriage, even though it was not a crucial issue in the case. The judge said George Iverson had been married before and experienced a painful, costly divorce.

“ ‘Once burned, twice cautious,’ ” said Engebretsen, who added that Cheryl Iverson’s claims that her husband pressed her to marry him cast doubt on her credibility. “I cannot accept the fact that, as she said, he was the one that proposed marriage to her. That would be the last thing that would be on his mind. And why, in heaven’s name, do you buy the cow when you get the milk free, as we used to say. And, so, he’s getting the milk free.”

The decision was hailed by Cheryl Iverson’s attorney as an important step toward removing bias from the courts.

“This is really a victory for everyone, men and women, because it says that bias of any sort will no longer be allowed,” Fuller said. Cheryl Iverson could not be reached for comment, but Fuller said she was thrilled with the decision.

George Iverson could not be reached for comment. His attorney did not return phone calls seeking comment.

Associate Justice Henry T. Moore also agreed that a retrial was needed, but said he would not “join in the zeal of my colleagues in flogging the trial judge.”

Moore said the judge’s comments gave the appearance of a lack of impartiality, but when the comments were taken in full context did not establish actual bias.