In re the Rules of Criminal Procedure: Sec. 971.20, Stats
In re the Rules of Criminal Procedure: Sec. 971.20, Stats
Opinion of the Court
On October 7, 1982 the Judicial Conference of Wisconsin filed a petition requesting that the statute providing for substitution of judge in criminal proceedings, sec. 971.20, Stats., be amended to require that all requests for substitution made pursuant to that statute be based upon a showing of cause in a sworn affidavit and to provide that a denial of any substitution request be administratively reviewable by the chief judge of the district in which the action is pending or, in the event the judge sought to be replaced is the chief judge, by the chief judge of an adjoining district. The petition, filed in response to a resolution adopted by the Judicial Conference at its business meeting on September
On April 11, 1980 the Judicial Council, in response to a letter from the chief justice of this court asking “. . . that the Judicial Council re-examine the issue of disqualification and substitution of judges, particularly with respect to the effect thereof on delay of trials and court backlog,” established a Judge Substitution Committee, comprised of judges, legislators, attorneys and court administrators.
The court recently considered the judge substitution statute in the context of the constitutional exercise of legislative power and the separation of powers doctrine. State v. Holmes, 106 Wis. 2d 31, 315 N.W.2d 703 (1982). There it was held that the statute, prior to its most recent amendment, was not an unconstitutional exercise of legislative power to ensure fair trials and that “it has not been proven beyond a reasonable doubt that the peremptory substitution statute materially impairs or practically defeats the proper functioning of the judicial system” so as to constitute a violation of the doctrine of separation of powers. Id., at 68, 70.
The present judge substitution statute has not been in effect for a period of time sufficient to demonstrate any change in judge substitutions as they affect judicial administration. Further, the petitioner has not presented any new information on the number and effect of judge substitutions on judicial administration which would warrant amending the peremptory aspect of the law. Consequently, in light of the recent change in the judge substitution statute and the court’s ruling in Holmes, swpra, the petition is denied.
The members of the Judge Substitution Committee were:
J. Denis Moran, Director of State Courts, State Capitol; Senator Lynn S. Adelman, State Capitol; Rep. James A. Rutkowski, State Capitol; Judge Michael J. Barron, Milwaukee County; Judge Nathan E. Wiese, Waupaca County; Judge Gordon Myse, Outa-gamie County; Attorney Thomas J. Curran, Curran, Curran & Holenbeck, Mauston; Attorney Jerome L. Fox, Olson, Winter & Fox, Two Rivers; Attorney Myron E. LaRowe, LaRowe & Ger-lach, Reedsburg; Attorney Gordon Samuelsen, Assistant Attorney General; Attorney Leon E. Sheehan, Moen, Sheehan, Meyer & Henke, La Crosse; Attorney Richard J. Weber, Kelly and Weber, Wausau; and Orlan L. Prestegard, Revisor of Statutes, State Capitol.
Ad hoc members of the committee were: Judge Victor A. Manian, Milwaukee County; Judge Albert A. Twesme, Trem-pealeau County; Attorney John A. Fiorenza, Fiorenza, Weiss, Amato & Persa, Milwaukee; Edward F. McClain, Deputy Director for Court Operations, Madison; Attorney Willard P. Techmeier, Milwaukee; and John D. Ferry, Jr., Court Administrator, Mani-towoc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.