757.19 Disqualification of judge.

495 words·~2 min read·/wi/chapter-757/757-19

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section, “judge” includes the supreme court justices, court of appeals judges, circuit court judges and municipal judges.

(2)Any judge shall disqualify himself or herself from any civil or criminal action or proceeding when one of the following situations occurs:

(a)When a judge is related to any party or counsel thereto or their spouses within the 3rd degree of kinship.

(b)When a judge is a party or a material witness, except that a judge need not disqualify himself or herself if the judge determines that any pleading purporting to make him or her a party is false, sham or frivolous.

(c)When a judge previously acted as counsel to any party in the same action or proceeding.

(d)When a judge prepared as counsel any legal instrument or paper whose validity or construction is at issue.

(e)When a judge of an appellate court previously handled the action or proceeding while judge of an inferior court.

(f)When a judge has a significant financial or personal interest in the outcome of the matter. Such interest does not occur solely by the judge being a member of a political or taxing body that is a party.

(g)When a judge determines that, for any reason, he or she cannot, or it appears he or she cannot, act in an impartial manner.

(3)Any disqualification that may occur under sub.

(2)may be waived by agreement of all parties and the judge after full and complete disclosure on the record of the factors creating such disqualification.

(4)Any disqualification under sub.

(2)in a civil or criminal action or proceeding must occur, unless waived under sub.

(3), when the factors creating such disqualification first become known to the judge.

(5)When a judge is disqualified, the judge shall file in writing the reasons and the assignment of another judge shall be requested under s. 751.03 .

(6)In addition to other remedies, an alleged violation under this section or abuse of the disqualification procedure shall be referred to the judicial commission.

757.19 Note Judicial Council Note, 1977: Section 256.19 [757.19] has been repealed and recreated to more comprehensively set out the procedure in Wisconsin for a judge to disqualify himself or herself. The new provisions apply to courts of record and municipal courts and define those situations in which a judge should in the interest of justice disqualify himself or herself from hearing a matter. Subsection

(g)is a catch-all provision to be used in those situations where a particular set of circumstances dictates that a judge disqualify himself or herself.

757.19 Note The new judge disqualification section contains provisions for assuring that a disqualification is timely made and also provides for waiver of a statutory disqualification upon agreement of all interested parties and the judge. Alleged violations of this section will be brought to the attention of the judicial commission for appropriate review. [Bill 74-S]