LRB-0276/1
MLJ:klm
2021 - 2022 LEGISLATURE
May 27, 2021 - Introduced by Representatives Hebl,
Anderson, Baldeh, Cabrera,
Conley, Emerson, Neubauer, Pope, S. Rodriguez, Spreitzer, Stubbs and
Subeck, cosponsored by Senators Roys,
Bewley, Erpenbach and Johnson.
Referred to Committee on Judiciary.
AB351,1,2
1An Act to create 757.19 (5m) of the statutes;
relating to: disqualification of a
2judge or justice.
Analysis by the Legislative Reference Bureau
Under current law, a judge or justice may be required to disqualify himself or
herself from a legal action if certain circumstances exist that would render the judge
or justice incapable of acting in an impartial manner or if the judge or justice believes
that he or she would appear incapable of acting in an impartial manner. Current law
requires a judge or justice who is disqualified to file in writing the reasons for the
disqualification.
This bill requires a judge or justice who does not disqualify himself or herself
after a motion for disqualification is filed by a party in the action to file in writing
the reasons he or she did not disqualify himself or herself. Under the bill, a judge
or justice must file the reasons for disqualification or for deciding against
disqualification within 60 days after a final judgment or final order has been issued
in the action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB351,1
3Section
1. 757.19 (5m) of the statutes is created to read:
AB351,2,24
757.19
(5m) If a judge denies a motion to disqualify the judge, he or she shall
5file in writing the reasons for the denial of the motion. Written statements required
1by this subsection shall be filed within 60 days after a final judgment or final order
2has been issued in the civil or criminal action or proceeding.
