2013 - 2014 LEGISLATURE
April 15, 2013 - Introduced by Representatives Hebl, Richards, Pasch, Wachs,
Zepnick, Mason, Billings, Berceau, C. Taylor, Wright, Ohnstad, Bewley and
Bernard Schaber, cosponsored by Senators Lehman and L. Taylor. Referred
to Committee on Judiciary.
1An Act to amend
757.19 (5) of the statutes; relating to: disqualification of a
2judge or justice.
Analysis by the Legislative Reference Bureau
Under current law, a judge or justice may be required to disqualify himself or
herself from a legal action if certain circumstances exist that would render the judge
or justice incapable of acting in an impartial manner or if the judge or justice believes
that he or she would appear incapable of acting in an impartial manner. Current law
requires a judge or justice who is disqualified to file in writing the reasons for the
This bill requires a judge or justice who does not disqualify himself or herself
after a motion for disqualification is filed by a party in the action to file in writing
the reasons he or she did not disqualify himself or herself. Under the bill, a judge
or justice must file the reasons for disqualification or for deciding against
disqualification within 60 days after a final judgment or final order has been issued
in the action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
757.19 (5) of the statutes is amended to read:
When a judge is disqualified, the judge shall file in writing the 5
reasons and the assignment of another judge shall be requested under s. 751.03.
1When a judge denies a motion to disqualify the judge, he or she shall file in writing
2the reasons for the denial of the motion. Written statements required by this
3subsection shall be filed within 60 days after a final judgment or final order has been
4issued in the civil or criminal action or proceeding.