State ex rel. Tinti v. Circuit Court for Waukesha County

This is an original action in prohibition seeking to bar the Honorable Mark S. Gempeler from presiding in any further proceedings in an underlying criminal prosecution against the petitioner, Jerome W. Tinti. Judge Gempeler determined that a substitution of judge filed by Tinti's counsel was not timely under sec. 971.20(4), Stats. We disagree. Therefore, we grant Tinti's petition for a writ of prohibition.

PROCEDURAL FACTS OF THE CASE

The facts are lengthy, but simple and undisputed.1 The state charged Tinti with four misdemeanor counts of causing injury by the intoxicated operation of a motor…