Its also possible that if they were going to bring up the possible/probable conflict of interest issues that should have prompted the Judge to recuse himself, that they didn't want that to be made public, conveying a desire to protect the judicial system from its dirty laundry, so to speak. In doing so, they can hopefully make the info available to the appellate court, and also win favor in the respectful way they chose to communicate that information, and avoid alienating the court of which they are dependent on for a favorable ruling. They might feel the gamble is worth it to further validate their concern that the ruling was a grievous error that was made by Judge Kronstadt, both personally, professionally, and legally!

All just speculation, but a possible scenario nonetheless!