State v. Smith

The issue in this case is, whether a circuit judge against whom a request for substitution has been filed at the preliminary hearing pursuant to sec. 971.20, Stats. 1979-80, 1 may preside over the trial of the case. We hold that once a judge has been properly “substituted out” 2 of a case pursuant to sec. 971.20, he may not preside over any subsequent proceedings in that case except by agreement as set forth in sec. 971.20(6).

Defendant-Appellant, Todd Robert Smith (defendant), was charged with several counts of burglary. Defendant, a juvenile, was waived into adult court presided over by…