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Judicial Substitution – Joint Defendants

State ex rel. Ernie Garibay v. Kenosha County, 2002 WI App 164
For Garibay: Denise Hertz-McGrath


¶2. The dispositive issue is whether a defendant who is charged jointly with another defendant may obtain substitution of a judge pursuant to Wis. Stat. § 971.20(6) when the codefendant is not yet before the court. We conclude that the language of § 971.20(6) is plain and unambiguous and applies in a multiple defendant action even when a codefendant is unavailable to either join or refuse to join a substitution request. Accordingly, we deny Garibay’s petition for supervisory writ.

Court reiterates “the need for strict compliance with the provisions of Wis. Stat. § 971.20 as a means of preventing problems that may result from deviations.” ¶12.

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