State v. Garner

Garner claims he was entitled to a new judge at his second revocation hearing, either by virtue of sec. 971.20, Stats., or because Judge Seraphim should have disqualified himself for actual bias and prejudice. Prior to the adoption of the Criminal Procedure Code, it was necessary to file an affidavit of prejudice in a criminal suit, but by virtue of sec. 971.20, effective July 1, 1970, an accused may disqualify a judge and obtain a substitute judge without alleging prejudice. However, this right is a pretrial right and must be exercised “before making any motion or before arraignment.”…