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ST. EX REL. STRONG v. DANE CTY. CIR. CT.

No. 93-3236-W.

184 Wis.2d 223 (1994)

516 N.W.2d 451

STATE of Wisconsin EX REL. Bruce A. STRONG, Petitioner, v. CIRCUIT COURT FOR DANE COUNTY and the Honorable Patrick J. Fiedler, Respondents.

Court of Appeals of Wisconsin.

Decided April 21, 1994.

Attorney(s) appearing for the Case

For the petitioner the cause was submitted on the petition of Daniel A. MacDonald of Mohs, MacDonald & Widder of Madison.

For the respondents the cause was submitted on the response of James E. Doyle, attorney general, and Laura Dulski, assistant attorney general.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

Strong seeks a supervisory writ to compel the circuit court to grant his substitution of judge request. The issue is whether the fifteen-day limit of § 971.20(5), STATS., commences before the assigned trial judge has taken the judicial oath. We conclude that the statutory time limit to request substitution does not commence until the assigned individual has become a judge. Therefore, we grant the petition for a supervisory writ and order the circuit...

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