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COA affirms father’s pro se challenge to revised CHIPS order

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 (2) doing so without following the proper procedure. The court of appeals sees no errors and affirms.

As to Charles’ first argument, the court cites Wis. Stat. § 751.03(3) and explains that any judge within a judicial district may be assigned to serve in any circuit court within the district. Opinion, ¶8. Next, the court cites §§ 48.29(1m) and 801.58(2) to explain that the court followed the proper procedure after a substitution request was filed. The case was assigned to Judge Lau on August 1, 2022. The GAL filed a request for substitution on August 4, 2022, and Judge Lau approved the request on August 5, 2022. Judge Carter was assigned as the new judge on August 9, 2022. Op., ¶¶7-8.

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