State of Wisconsin, Plaintiff-Appellant v. Michael B. Holmes, Defendant-Appellant, Honorable Robert O. Weisel…

Summary

The court held that circuit courts may raise the constitutionality of a judge-substitution statute sua sponte when the statute directly affects the court's role, provided the parties receive notice and an opportunity to be heard. It further held that the statute's peremptory substitution procedure does not violate separation of powers because it serves the legitimate objective of assuring fair trials and was not shown beyond a reasonable doubt to materially impair judicial power or the functioning of the judicial system. Justice Coffey concurred, agreeing with the result but emphasizing the judiciary's administrative authority and the need for legislative impact review.