Juveniles – TPR — judicial bias

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — judicial bias

Jermaine K. H. appeals from a final order involuntarily terminating his parental rights (a “TPR” order) in April 2014. He argues that the judge who entered the order should have recused himself because he was the Manitowoc county district attorney when Jermaine was prosecuted for violent acts against the child’s mother in 2012. Jermaine argues that recusal was mandatory because the criminal case was the same “matter in controversy” as the TPR under SCR 60.04 and because reasonable persons would question the judge’s impartiality under the circumstances. Jermaine further argues that the proceedings violated his due process rights and that he is entitled to a new trial.

This record reveals no basis for judicial disqualification under Wis. Stat. § 757.19(2) nor any evidence of a probability of actual bias rising to the level of a due process violation. We affirm. This opinion will not be published.

2014AP1693 In re the termination of parental rights to Sydney E.J.

Dist II, Manitowoc County, Rohrer, J., Brown, C.J.

Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Vesely, Lawrence G., Green Bay