On Point blog, page 26 of 26
Judicial Substitution – TPR, § 48.29
Brown County DHS v. Terrance M., 2005 WI App 57
For Terrance M.: Theresa J. Schmieder
Issue/Holding:
¶11. The trial court ruled and the County now argues that Terrance’s substitution request was untimely because it was not filed before “hearing of any preliminary contested matters” under Wis. Stat. § 801.58. Terrance argues the applicable statute is Wis. Stat. § 48.29, which allows a request “either before or during the plea hearing ….”
Grounds — Denial of Physical Placement: § 48.356(2) Warnings in Underlying Order Unnecessary
Kimberly S.S. v. Sebastian X.L., 2004 WI App 83
Issue: Whether § 48.415(4) requires proof that an underlying family court order denying physical placement contained the warnings required by § 48.356(2).
Holding:
¶7. The plain language of Wis. Stat. § 48.415(4) requires proof that the notices in Wis. Stat. § 48.356(2) were provided only when the underlying order was issued in juvenile court.
Judicial Substitution/Recusal – TPR – Multiple Requests
State ex rel. Julie A.B. v. Circuit Court, 2002 WI App 220
For Julie A.B.: Roberta A. Heckes
Issue/Holding: § 48.29(1) permits more than one party to file a request for a substitution of judge in a TPR proceeding, ¶2. (The mother filed a substitution request. After a new judge was assigned, the GAL filed a request, one that the mother unsuccessfully challenges as unauthorized.)