Judicial Substitution.

Byline: Derek Hawkins

WI Supreme Court

Case Name: State of Wisconsin v. Tavodess Matthews

Case No.: 2021 WI 42

Focus: Judicial Substitution

This case is about whether Tavodess Matthews timely requested a judicial substitution under Wis. Stat. 801.58(1) (2019-20). Section 801.58(1) entitles a party in a civil case to substitute the assigned circuit court judge if, among other things, that party files a written substitution request before "the hearing of any preliminary contested matters." Matthews filed his substitution request after the circuit court granted his motion to adjourn a scheduled probable cause hearing under Wis. Stat. ch. 980. We hold that Matthews' substitution request was timely because his motion to adjourn is not a "preliminary contested matter" per that phrase's...