Byline: David Ziemer
A judge's mother should not sit on the jury while her son presides over the case.
However, while all six justices of the Wisconsin Supreme Court who heard the case agreed on that point, no majority agreed on a rationale.
In Wisconsin, when the ©ourt issues a splintered plurality decision, courts interpreting that decision should regard the opinion of the Justice concurring on the 'narrowest grounds' as the ©ourt's ultimate holding. Lounge Management, Ltd. v. Town of Trenton, 219 Wis.2d 13, 580 N.W.2d 156, 160 (1998).
As a result, the opinion stands for the mere proposition that no immediate family member of the judge should sit on a jury, without providing any precedential value beyond that.
Mark H. Tody Jr. was charged in Ashland County with taking and driving a motor vehicle without the owner's consent, as a party to a crime.
Mother Hears Case Judge Robert E. Eaton was the presiding judge; among the prospective jurors was Judge Eaton's mother.
Counsel for Tody moved to strike the judge's mother for cause, but Judge Eaton denied the motion, stating that he had no authority to do so. Neither the prosecutor, nor counsel for Tody, used a peremptory challenge against Ms. Eaton. She was empanelled on the jury, which found Tody guilty.
Tody appealed, but the state Court of Appeals affirmed in an unpublished opinion. The Supreme Court granted review and reversed, but no rationale...
