While she has 1A rights, I'd still move to depose her for the purposes of determining whether her husband has the same opinion or whether he's discussed the case with her. This would have to be heard by a different judge. If she hides behind the marital-communication privilege, I'd move to disqualify the husband-judge and use the invocation of the privilege as a ground for disqualification in this sense.... by allowing the privilege, the state has deprived the defendant of his right to due process. The privilege is legal, but the defendant is similarly entitled to rely upon the deprivation of his right to due process and the judge must be disqualified.

Here in California, such a theory is applied in the case where an attorney is sued for malpractice arising from acts that occurred at mediation. Because mediation communications and acts are competely privileged, the attorney is derived of a defense because he can't talk about what happened at mediation. Thus, his right to due process is compromised due to state policy and the case must be dismissed.