Wis. Stat. » CHAPTER 48 — CHILDREN’S CODE
Wisconsin Statutes

Wis. Stat. § 48.29 (2026)

Substitution of judge

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48.2948.29 Substitution of judge.
48.29(1)(1) The child, the child’s parent, guardian or legal custodian, the expectant mother, or the unborn child’s guardian ad litem, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned to the proceeding. When any person has the right to request a substitution of judge, that person’s counsel or guardian ad litem may file the request. Not more than one such written request may be filed in any one proceeding, nor may any single request name more than one judge. This section does not apply to proceedings under s. 48.21 or 48.213.
48.29(1m)(1m) When the clerk receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under s. 751.03. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge of the judicial administrative district for determination of whether the request was made timely and in proper form and reassignment as necessary.
48.29(3)(3) Subsections (1) and (1m) do not apply in any proceeding under s. 48.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom she wishes to be assigned to the proceeding and that judge shall be assigned to the proceeding.
48.29 HistoryHistory: 1977 c. 354; 1979 c. 32 s. 92 (1); 1979 c. 300; 1987 a. 151; 1991 a. 263; 1993 a. 98; 1995 a. 77; 1997 a. 35, 292; 2013 a. 170; Sup. Ct. Order No. 20-07, 2021 WI 37, 397 Wis. 2d xiii.
48.29 AnnotationSub. (1) permits more than one party to file a request for a substitution of judge in a termination of parental rights proceeding. State ex rel. Julie A.B. v. Circuit Court, 2002 WI App 220, 257 Wis. 2d 285, 650 N.W.2d 920, 02-1479.
48.29 AnnotationThis section, not s. 801.58, is applicable to judicial substitutions in termination of parental rights cases. Brown County Department of Human Services v. Terrance M., 2005 WI App 57, 280 Wis. 2d 396, 694 N.W.2d 458, 04-2379.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1969–2025 · leading case: State v. Kywanda F., 546 N.W.2d 440 (Wis. 1996).
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State v. Kywanda F., 546 N.W.2d 440 (Wis. 1996). · cites it 16× “Although not argued by either party, the court of appeals concluded that compliance with Wis. Stat. § 48.29 is jurisdictional and that the circuit court's failure to inform Kywanda of her substitution right deprived it of competence to proceed.”
State ex rel. Julie A.B. v. Circuit Court for Sheboygan Cnty., 2002 WI App 220, 650 N.W.2d 920. · cites it 42× “Julie challenged this assignment, contending that Wis. Stat. § 48.29 (1), the statute governing judicial substitutions in TPR proceedings, allows but one substitution of judge.”
Brown Cnty. Dep't of Human Servs. v. Terrance M., 2005 WI App 57, 694 N.W.2d 458. · cites it 11× “1 We conclude preclusion doctrines may be applicable, and we further conclude Wis. Stat. § 48.29 permits judicial substitution in this case.”
Baldwin v. Lewis, 300 F. Supp. 1220 (E.D. Wis. 1969). · cites it 8× “WAS THE PETITIONER ENTITLED TO A HEARING ON THE EXISTENCE OF PROBABLE CAUSE FOR HIS CONTINUED DETENTION SUBSEQUENT TO HIS ARREST? The standard which is to be applied in determining whether a juvenile is to be detained once he has been taken into custody is specifically set out…”
Theriault v. State, 223 N.W.2d 850 (Wis. 1974). · cites it 2× “19 *47 Sec. 48.29, Stats., on the other hand, does not limit the power of police to question or investigate or require the child to be immediately brought before his parents.”
In re Interest of Brandon SS, 507 N.W.2d 94 (Wis. 1993). · cites it 2× “Section 48.29, Stats. 1991-92. [28] See sec.”
David S. v. Laura S., 507 N.W.2d 94 (Wis. 1993). · cites it 2× “Section 48.29, Stats. 1991-92. See sec. 48.”
State ex rel. Julie Ab v. Circuit Court of Sheboygan, 2002 WI App 220, 650 N.W.2d 920. · cites it 27× “For the reasons set forth below, we conclude that the language of § 48.29(1), taken in context and read as a whole, reflects the legislative intent that more than one party may file such a request.”
State v. T. D. V., No. 2024AP002057-FT (Wis. Ct. App. Jan. 22, 2025). · cites it 8× “¶7 The circuit court subsequently appointed counsel to represent Tyrone and the case proceeded to a jury trial before Judge Kerkman. At the conclusion of the trial, the jury returned a verdict finding that Serena had been neglected.”
State v. B.S., 469 N.W.2d 860 (Wis. Ct. App. 1991). · cites it 2× “Section 48.29, Stats., allows for substitution of the judge assigned to certain types of proceedings, but not disposition or sanction hearings.”
Waukesha Cnty. v. C.M.M., No. 2022AP002081 (Wis. Ct. App. July 19, 2023). · cites it 4× “§§ 48.29(1) and 801.58(1), which request Judge Lau approved the following day.”
In Interest of BS, 469 N.W.2d 860 (Wis. Ct. App. 1991). · cites it 2× “Section 48.29, Stats., allows for substitution of the judge assigned to certain types of proceedings, but not disposition or sanction hearings.”
Show all 14 citing cases →
Wis. Stat. § 48.29(1): 5 cases
State ex rel. Julie A.B. v. Circuit Court for Sheboygan Cnty., 2002 WI App 220, 650 N.W.2d 920. “Julie challenged this assignment, contending that Wis. Stat. § 48.29 (1), the statute governing judicial substitutions in TPR proceedings, allows but one substitution of judge.”
State ex rel. Julie Ab v. Circuit Court of Sheboygan, 2002 WI App 220, 650 N.W.2d 920. “For the reasons set forth below, we conclude that the language of § 48.29(1), taken in context and read as a whole, reflects the legislative intent that more than one party may file such a request.”
State v. T. D. V., No. 2024AP002057-FT (Wis. Ct. App. Jan. 22, 2025). “¶7 The circuit court subsequently appointed counsel to represent Tyrone and the case proceeded to a jury trial before Judge Kerkman. At the conclusion of the trial, the jury returned a verdict finding that Serena had been neglected.”
State v. J. S., No. 2024AP000180, 2024AP000181 (Wis. Ct. App. Apr. 16, 2024).
Waukesha Cnty. v. C.M.M., No. 2022AP002081 (Wis. Ct. App. July 19, 2023). “§§ 48.29(1) and 801.58(1), which request Judge Lau approved the following day.”
Wis. Stat. § 48.29(1m): 1 case
Waukesha Cnty. v. C.M.M., No. 2022AP002081 (Wis. Ct. App. July 19, 2023). “§§ 48.29(1) and 801.58(1), which request Judge Lau approved the following day.”
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