2021 - 2022 LEGISLATURE
May 27, 2021 - Introduced by Representatives Hebl,
Anderson, Baldeh, Conley,
Emerson, Pope, S. Rodriguez, Spreitzer, Stubbs and Subeck, cosponsored by
Senators Ringhand, Roys, Erpenbach and Johnson. Referred to Committee
1An Act to create
757.19 (2) (h) of the statutes; relating to: the standard for the
2disqualification of a judge or justice.
Analysis by the Legislative Reference Bureau
Under current law, a judge or justice must disqualify himself or herself from
presiding over or deciding a legal proceeding or action if certain circumstances exist
that would affect the judge's or justice's impartiality in the action, if the judge or
justice determines that he or she is incapable of acting in an impartial manner, or
if he or she determines that it appears that he or she cannot act in an impartial
This bill requires a judge or justice to also disqualify himself or herself from
presiding over or deciding a legal proceeding or action if a reasonable person would
question whether the judge or justice could act in an impartial manner.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
757.19 (2) (h) of the statutes is created to read:
(h) When a reasonable person would question whether the judge can 5
act in an impartial manner.