AB622: Bill Text

LRB-2865/1

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2007 - 2008 LEGISLATURE

2007 Assembly BILL 622

December 11, 2007 - Introduced by Representatives Kestell, LeMahieu, Sheridan, Vos, Bies, Petrowski, Albers, Suder, Pridemore and Gunderson, cosponsored by Senator Cowles. Referred to Committee on Children and Family Law.

AB622,1,2 An Act to amend 767.281 (1); and to create 767.281 (5) of the statutes; relating to: substitution of judges of divorce actions.

Analysis by the Legislative Reference Bureau

Current law generally allows a party to a civil action to file one request for substitution of a new judge for the judge assigned to the case. This bill permits a party that has been granted a divorce to file, in a subsequent proceeding related to the divorce, one request for substitution of a new judge for the judge that granted the divorce.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB622, s. 1 Section 1. 767.281 (1) of the statutes is amended to read:

AB622,1,6 767.281 (1) Applicability. This section applies Subsections (1m) to (4) apply to all enforcement or modification petitions, motions, or orders to show cause filed for actions affecting the family under s. 767.001 (1) (i).

AB622, s. 2 Section 2. 767.281 (5) of the statutes is created to read:

AB622,2,5 767.281 (5) Substitution of judge in subsequent proceeding. (a) Notwithstanding s. 801.58 (1) and (3), in any action affecting the family under s. 767.001 (1) (i) or (k), a party may request a substitution of judge. The party that files the petition, motion, or order to show cause commencing the action shall file request for substitution along with the petition, motion, or order to show cause.

AB622,2,8 (b) If the respondent wishes to file a request for substitution of a judge under this subsection, the respondent shall do so within 30 days after service of the petition, motion, or order to show cause.

AB622,2,10 (c) No party may file more than one request for substitution in any one action affecting the family under s. 767.001 (1) (i) or (k).

AB622, s. 3 Section 3. Initial applicability.

AB622,2,14 (1) This act first applies to actions or proceedings, including actions or proceedings to enforce or modify a judgment or order previously granted, that are commenced on the effective date of this subsection.

AB622,2,15 (End)