On Point: A. Judicial bias

State v. Somkith Neuaone, 2005 WI App 124
For Neuaone: Ralph Sczygelski

Issue/Holding: Where the sole basis for recusal is a claim that the judge was exposed to relevant sentencing information that he was entitled to hear, the very premise for the claim is flawed, ¶17.

¶16            Whether a judge was a “neutral and detached magistrate” is a question of constitutional fact which we review de novo and without deference to the trial court’s ruling.  

Harrison Franklin v. McCaughtry, 398 F.3d 955 (7th Cir 2005), granting habeas relief in unpublished opinion of Wis COA

Issue/Holding: The tripartite test for judicial bias (subjective inquiry answered by trial judge’s determination of own impartiality; objective examination as to whether reasonable person could question judge’s impartiality; and if partiality is established, whether it was harmless, see State v. Rochelt, 165 Wis.

State v. Terrance J. O’Neill, 2003 WI App 73
For O’Neill: Roger D. Sturdevant, SPD, Monroe

Issue: Whether a judge’s persistent and partisan efforts to require litigation on a recurrent issue on which the court of appeals had already reversed him, in an unpublished case in which the judge actively appeared as a party on the appeal, establishes disqualifying bias.

Holding: Bias not established: The judge intends to require litigation on the disputed issue in every case,