On Point: 23. Judge

Barbara R.K. v. James G., 2002 WI App 47

Issue: Whether review of a denied request for substitution of judge is waived by failure to seek review of the denial by the local chief judge.

Holding:

¶9. … The statute then provides: ‘If the judge named in the substitution request finds that the request was not timely and in proper form, that determination may be reviewed by the chief judge of the judicial administrative district …

State ex rel. Ernie Garibay v. Kenosha County, 2002 WI App 164
For Garibay: Denise Hertz-McGrath

Issue/Holding:

¶2. The dispositive issue is whether a defendant who is charged jointly with another defendant may obtain substitution of a judge pursuant to Wis. Stat. § 971.20(6) when the codefendant is not yet before the court. We conclude that the language of § 971.20(6) is plain and unambiguous and applies in a multiple defendant action even when a codefendant is unavailable to either join or refuse to join a substitution request.

Barbara R.K. v. James G., 2002 WI App 47

Issue: Whether review of a denied request for substitution of judge is waived by failure to seek review of the denial by the local chief judge.

Holding:

¶9…. The statute then provides: “If the judge named in the substitution request finds that the request was not timely and in proper form, that determination may be reviewed by the chief judge of the judicial administrative district …

State v. Crystal Harrell a/k/a Parker, 199 Wis. 2d 654, 546 N.W.2d 115 (1996)

Issue/Holding:

Although Parker encourages us to provide an objective standard of review for the initial subjective decision by a judge not to disqualify himself or herself, we decline to do so. Wisconsin Statute § 757.19(2)(g) is clearly drafted so as to place the determination of partiality solely upon the judge.

State v. Pablo Cruz Santana, 220 Wis. 2d 674, 584 N.W.2d 151 (Ct. App. 1998)
For Santana: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding:

Judicial disqualification under § 757.19(2)(g), Stats., concerns not an outsider’s objective determination, but rather the judge’s subjective determination. See State v. American TV & Appliance, 151 Wis.2d 175, 182, 443 N.W.2d 662, 665 (1989). It mandates a judge’s disqualification “

State v. Crystal Harrell a/k/a Parker, 199 Wis. 2d 654, 546 N.W.2d 115 (1996)

Issue/Holding:

The issue before us is whether, in a case tried by the district attorney’s office, a circuit court judge, whose spouse is an assistant district attorney in the same county, is required to disqualify himself or herself under either Wis. Stat. § 757.19(2)(a) (1993-94),1–prohibiting a judge from hearing a case when a close relative is “counsel thereto”