LRB-0087/1
MLJ:klm
2019 - 2020 LEGISLATURE
September 5, 2019 - Introduced by Representatives Hebl, Anderson, Emerson,
Kolste, Ohnstad, Pope, Sinicki, Spreitzer, Subeck, C. Taylor, Vruwink and
Brostoff, cosponsored by Senator Ringhand. Referred to Committee on
Judiciary.
AB402,1,2
1An Act to create 757.19 (2) (h) of the statutes;
relating to: an objective standard
2for the disqualification of a judge or justice.
Analysis by the Legislative Reference Bureau
This bill requires a judge or justice to 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.
Under current law, a judge or justice must disqualify himself or herself 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 manner.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB402,1
3Section
1. 757.19 (2) (h) of the statutes is created to read:
AB402,1,54
757.19
(2) (h) When a reasonable person would question whether the judge can
5act in an impartial manner.
