State v. Maria A. Larson, 2023AP1534-CRAC, 4/24/24, District II (recommended for publication); case activity Larson’s frustrated attempts to request judicial substitution are finally vindicated in this published decision emphasizing a plain text reading of the statute’s straightforward legal requirements. At its core, this appeal presents a very simple dispute. Larson and her co-defendant were charged… Read more
E. Substitution
State v. J.S.,, 2024AP180 & 2024AP181, 4/16/24, District I (one-judge decision; ineligible for publication); case activity On appeal from TPR orders related to her two children, J.S. (“Julia”) raised two issues: whether the circuit court had personal jurisdiction over her and whether the circuit court erred by granting the GAL’s substitution request. The court of… Read more
Waukesha County v. C.M.M., 2022AP2081, District 2, 7/19/23 (one-judge decision; ineligible for publication); case activity C.M.M. (“Charles”) challenges a revised CHIPS dispositional order that eliminated visits between Charles and his son, A.M.M. Charles’ claim on appeal is that the circuit court erred by (1) substituting a “Criminal Division Judge” instead of a “Juvenile Division Judge” and… Read more
Columbia County DHS v. K.D.K., 2022AP1835, 5/25/23, District 4 (1-judge opinion, ineligible for publication); case activity K.D.K. challenged an order terminating his parental rights to C.A.K. on 3 grounds: (1) the judge was not properly assigned to preside over his case; (2) the circuit court refused to give a special verdict question asking whether it… Read more
State v. Tavodess Matthews, 2021 WI 42, reversing a published court of appeals opinion, 2020 WI App 33, 5/14/21, case activity (including briefs) Section 801.58(1) allows a party to a civil case to request a new judge if, among other things, he files a written substitution request before “the hearing of any preliminary contested matter.”… Read more
State v. Tavodess Matthews, 2020 WI App 33; case activity (including briefs). Section 801.58(1) states that if a party to a civil action files a judicial substitution request “preceding the hearing of any preliminary contested matter” and not later than 60 days after service of the summons and complaint then the request must be granted. … Read more
Petitioner v. Robert D. Evans, 2018 WI App 53; case activity (including briefs) Evans, the respondent in a domestic abuse injunction proceeding, filed a substitution request on the day of the injunction hearing. To find a substitute judge in cases where substitution is requested so close to the hearing, the clerk uses an “email volunteer system”: An… Read more
Review of an unpublished per curiam court of appeals decision; case activity (including briefs) Issue (composed by On Point) Whether the circuit court erred in denying Zimbal’s post-remand substitution request as untimely where Zimbal orally requested that the judge recuse himself the day before remittitur and was not appointed counsel until after the 20-day time… Read more
