State Ex Rel. Warrington v. Circuit Court for Shawano County

HEFFERNAN, J;

This review presents the question whether a judge who is assigned to hear a case at the close of preliminary hearing is, under see. 971.20(1), Stats., “the judge assigned to the trial of that case,” who may be substituted by request of the defendant at any time before arraignment or before motions made before that judge, or whether the judge assigned after the preliminary is a “new judge” in contradistinction to the preliminary judge. If that judge is a “new judge,” a request for substitution under sec. 971.20(1) must ordinarily be made within ten days of notice of the assignment…