Wis. Stat. § 906.05

Competency of judge as witness

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906.05906.05 Competency of judge as witness. The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.

906.05 HistoryHistory: Sup. Ct. Order, 59 Wis. 2d R1, R163 (1973).

906.05 AnnotationA judge who carefully considered the transcribed record and the judge’s recollection of a previous proceeding involving the defendant did not impermissibly testify. State v. Meeks, 2002 WI App 65, 251 Wis. 2d 361, 643 N.W.2d 526, 01-0263.

906.05 AnnotationReversed on other grounds. 2003 WI 104, 263 Wis. 2d 794, 666 N.W.2d 859, 01-0263.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2002–2023 · leading case: State v. Brent T. Novy

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State v. Brent T. Novy (2013) wis · cites it 8× “2d 776 (citing Wis. Stat. §§ 906.05 & 902.01(2)); State v.”

State v. Meeks (2002) wisctapp · cites it 5× “§ 906.05. We disagree. ¶ 26. WISCONSIN STAT.”

State v. Anson (2005) wis · cites it 2× “Therefore, while a circuit court may make credibility determinations based on material in the record when making its historical factual findings, it may not rely on its personal knowledge of events not appearing in the record.”

State v. Brent T. Novy (2013) wis · cites it 4× “2d 776 (citing Wis. Stat. §§ 906.05 & 902.01(2)); State v.”

Jackson County DHS v. R. H. H. (2023) wisctapp “§ 906.05; see also State v. Anson, 2005 WI 96, ¶33 , 282 Wis.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.