State v. Bell

On January 14, 1972, seven days after his arraignment, Bell filed a document entitled “Affidavit of Prejudice,” in which he moved the trial judge to disqualify himself for prejudice and for another judge to be assigned to hear the case. The form of this request was in the tradition of the old practice, since supplanted by sec. 971.20, Stats. At the hearing on the motion, the trial court treated the request as being governed by sec. 971.20 and denied it because it was not timely filed because the section requires that the request for a substitution of a judge be made “before making any motion…