State ex rel Oman v. Hunkins
Statute allowing substitution of judge in divorce after appellate court has ordered new trial or has reversed or modified the judgment or order is mandatory.
Statute allowing substitution of judge in divorce after appellate court has ordered new trial or has reversed or modified the judgment or order is mandatory.
Motion to substitute trial judge in divorce action was properly denied where appellate court did not require new trial, but required explanation from trial judge for his decision. Judge who heard the evidence and crafted the original divorce is in a better position to provide the rationale behind the order.
Liberalizes substitution on remand after appeal, but does not change Parrish holding in family law cases.
Review by the chief judge under Wis. Stat. ยง801.58(2) is a necessary prerequisite to appeal a denial of request for substitution of judge.