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02-1479 In Re: the Termination of Parental Rights to Prestin T.B. v. Circuit Court for Sheboygan County

By: dmc-admin//July 22, 2002//

02-1479 In Re: the Termination of Parental Rights to Prestin T.B. v. Circuit Court for Sheboygan County

By: dmc-admin//July 22, 2002//

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Although the statute states that “not more than one such written request may be filed in any one proceeding,” we conclude that this language, when read in the context of the entire statute, reflects the legislative intent to provide each party no more than one request for substitution in a single TPR proceeding.

“We conclude that the unambiguous language of § 801.58, coupled with the substantial importance of parental rights and the high stakes of a TPR proceeding, supports the interpretation that § 48.29 affords litigants in a TPR proceeding at least the same rights as those in a civil proceeding by permitting each party to request a substitution of judge. …

“We conclude that Wis. Stat. § 48.29(1) permits more than one party to file a request for a substitution of judge in a TPR proceeding. We therefore deny Julie’s petition for supervisory writ and dissolve our previous order staying the proceedings before the circuit court.”

Writ denied.

Recommended for publication in the official reports.

Dist II, Sheboygan County, Murphy, J., Nettesheim, J.

Attorneys:

For Appellant: Robert A. Heckes, Adell

For Respondent: J. Denis Moran, Madison; Matthew J. Frank, Madison; James P. Van Akkeren, Sheboygan

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