LRB-1440/1
PJH:sbb&jld:ph
2011 - 2012 LEGISLATURE
April 26, 2011 - Introduced by Representatives Jacque, Bies, Knilans, Mursau,
Rivard, Spanbauer, Vos and Ziegelbauer, cosponsored by Senators Zipperer,
Kedzie, Darling and
Wanggaard. Referred to Committee on Judiciary and
Ethics.
AB109,1,2
1An Act to repeal 971.20 of the statutes;
relating to: eliminating substitution
2of judges in criminal matters.
Analysis by the Legislative Reference Bureau
Under current law, there are two methods by which a judge who is scheduled
to handle a case is replaced: disqualification and substitution. A judge is required
to disqualify himself or herself in a case if the judge may be considered to have an
interest in the matter, such as if the judge is related to a party, has previously been
involved with the case as counsel, or has a significant financial or personal interest
in the outcome.
Substitution is the method by which parties in the case may have a judge who
is scheduled to handle a case taken off the case without having to give a reason. Each
party in a civil case and the defendant in a criminal case generally have a right to
one substitution, except that additional substitution rights occur in certain cases if
there is a successful appeal or if the judge who handles a preliminary hearing is
assigned to handle the trial.
This bill retains the provisions relating to the disqualification of a judge for both
civil and criminal matters, but eliminates the defendant's right to substitution of a
judge in criminal matters.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB109, s. 1
1Section
1. 971.20 of the statutes is repealed.
AB109,2,43
(1) This act first applies to actions commenced on the effective date of this
4subsection.
