Senate Bill 74
Eliminating substitution of judges in criminal matters
Topics: Court: Procedure, Judge
Passed the Senate, then stopped
The Senate passed it on Jun 8, 2011, but the Assembly never voted on it. A bill has to . To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Apr 27, 2011
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Committee, passed
Approved
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Senate vote, passed
Passed Jun 8, 2011
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Assembly vote, stopped here
Stopped here. The Assembly never voted on it.
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Governor, not reached
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Law, not reached
Latest entry in the official record, Mar 23, 2012: “Failed to concur in pursuant to ”
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Terms on this page
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence. More in the glossary
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, there are two methods by which a judge who is scheduled to handle a case is replaced: disqualification and substitution. A judge is required to disqualify himself or herself in a case if the judge may be considered to have an interest in the matter, such as if the judge is related to a party, has previously been involved with the case as counsel, or has a significant financial or personal interest in the outcome.
Substitution is the method by which parties in the case may have a judge who is scheduled to handle a case taken off the case without having to give a reason. Each party in a civil case and the defendant in a criminal case generally have a right to one substitution, except that additional substitution rights occur in certain cases if there is a successful appeal or if the judge who handles a preliminary hearing is assigned to handle the trial.
Read the full summary Show less
This bill retains the provisions relating to the disqualification of a judge for both civil and criminal matters, but eliminates the defendant's right to substitution of a judge in criminal matters.
Who's behind it
4 senators are its . All 4 are Republicans.
8 more lawmakers .
See all 12 names Hide the names
Authors (4)
- Alberta Darling · Republican, Senate
- Neal Kedzie · Republican, Senate
- Van Wanggaard · Republican, Senate
- Rich Zipperer · Republican, Senate
Signed on in support (8)
- Garey Bies · Republican, Assembly
- André Jacque · Republican, Senate
- Joe Knilans · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- Roger Rivard · Republican, Assembly
- Richard Spanbauer · Republican, Assembly
- Robin Vos · Republican, Assembly
- Bob Ziegelbauer · Independent, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There was one vote on this bill.
Senate Committee on Judiciary vote to recommend it
Passed, 3 to 2 · May 12, 2011
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2”. Official record · This vote on its own page
What happened
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Mar 23, 2012
The session ended, and the bill died with it.
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Jun 8, 2011
Sent to the Assembly Committee on Judiciary and Ethics.
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Jun 8, 2011
The Assembly received it.
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Jun 8, 2011
The Senate passed it.
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Jun 8, 2011
The Senate adopted it.
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Jun 8, 2011
“Placed at the foot of the 11th order of business on the calendar of 6-8-2011” (the official wording)
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May 12, 2011
The committee voted to recommend passing it, 3 to 2.
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May 11, 2011
A state agency sent in its estimate of the cost.
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May 4, 2011
A state agency sent in its estimate of the cost.
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May 3, 2011
The committee held a public hearing.
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Apr 27, 2011
Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.
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Apr 27, 2011
Introduced in the Senate.
See the official record, word for word Hide the official record
- Apr 27, 2011 · Senate
Introduced by Senators Zipperer, Kedzie, Darling and Wanggaard;Cosponsored by Representatives Jacque, Bies, Knilans, Mursau, Rivard, Spanbauer, Vos and Ziegelbauer
- Apr 27, 2011 · Senate
Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations
- May 3, 2011 · Senate
Public hearing held
- May 4, 2011 · Senate
Fiscal estimate received
- May 11, 2011 · Senate
Fiscal estimate received
- May 11, 2011 · Senate
Fiscal estimate received
- May 11, 2011 · Senate
Executive action taken
- May 12, 2011 · Senate
Report passage recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2
- May 12, 2011 · Senate
Available for scheduling
- Jun 7, 2011 · Senate
Placed on calendar 6-8-2011 pursuant to Senate Rule 18(1)
- Jun 8, 2011 · Senate
Read a second time
- Jun 8, 2011 · Senate
Placed at the foot of the 11th order of business on the calendar of 6-8-2011
- Jun 8, 2011 · Senate
Senate amendment 1 offered by Senator Grothman
- Jun 8, 2011 · Senate
Senate amendment 1 adopted
- Jun 8, 2011 · Senate
Ordered to a third reading
- Jun 8, 2011 · Senate
Rules suspended
- Jun 8, 2011 · Senate
Read a third time and passed
- Jun 8, 2011 · Senate
Ordered immediately messaged
- Jun 8, 2011 · Assembly
Received from Senate
- Jun 8, 2011 · Assembly
Read first time and referred to committee on Judiciary and Ethics
- Jan 11, 2012 · Assembly
Assembly amendment 1 offered by Representative Jacque
- Mar 23, 2012 · Assembly
Failed to concur in pursuant to Senate Joint Resolution 1
Terms on this page
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence. More in the glossary
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Second chamber's vote
A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.
Official term: Concurrence
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote