State v. Holmes

Each defendant filed a request for substitution of judge in a timely manner and in proper form pursuant to sec. 971.20, Stats. *341979-80. Each circuit court denied the request on the ground that sec. 971.20 is an unconstitutional legislative interference with the functioning of the judicial branch in violation of the Wisconsin Constitution.

Sec. 971.20 permits a defendant to file a statement that “the defendant requests a substitution for the Hon. . . . as judge.” Sec. 971.20(5), Stats. 1979-80. The request for substitution need give no reason for the requested substitution and no grounds for…