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Concern that Sutkiewicz is hostile to Avery's post-conviction litigation has caused supporters to begin a petition last weekend, that quickly garnered over 10,000 signatures calling for Sutkiewicz to remove herself from the case, and asking for support from Gov Tony Evers (D).
Judge Sutkiewicz began hearing Avery's post-conviction litigation in 2013 after Manitowoc County Judge Patrick Willis retired in 2012.
In Making a Murderer, season 2, (episode two, 42:51-minute mark), Avery said he "had a problem with [Sutkiewicz] before," recounting that his post-conviction litigation was heard by Sutkiewicz in 2013.
Sutkiewicz was simultaneously presiding over Avery's post-conviction litigation and murder victim's Teresa Halbach's wrongful death suit against Avery in 2013 (Manitowoc County Case Number 2006CV000150 Teresa M Halbach Estate et al vs. Steven A Avery et al.).
Notes Avery: "I thought maybe it, [post-conviction litigation], would go to a different judge, she got them both."
Sutkiewicz held open the Halbach-Avery civil litigation for some 15 months after the Halbach estate requested a voluntary dismissal in November 2013, in an apparent bid to goad the plaintiff into seeking settlement monies from Avery.
In 2015, Avery sent a letter to the court inquiring about the status of the civil suit following the Notice of Motion for (Plaintiff's) Voluntary Dismissal hearing of November 21, 2013. Avery also appealed his post-conviction litigation to state appellate court complaining about Sutkiewicz' conduct in both cases. Sutkiewicz then dismissed the civil litigation in April 2015.
The Wisconsin Code of Judicial Conduct demands that judges "shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary" (SCR 60.03 A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities).
That Sutkiewicz acted in contravention of the Code of Judicial Conduct appears apparent.
Additionally, the Code of Judicial Conduct mandates:
SCR 60.03 (2) A judge may not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. A judge may not lend the prestige of judicial office to advance the private interests of the judge or of others or convey or permit others to convey the impression that they are in a special position to influence the judge. ...Sutkiewicz' conduct in which she heard two Avery cases, Sutkiewicz acted in accordance with her oft-stated wish that courts act as victims' advocates, to the point of compromising the rights of the accused and the convicted.
Next step: Judge Sutkiewicz will hold a hearing in late April in which numerous law enforcement and prosecutors suspected of misconduct will be compelled to testify in a public hearing (Mal Contends, Ferak).
Sutkiewicz is under fire and very public scrutiny.
Notes John Ferak in an interview with Avery post-conviction attorney, Kathleen Zellner:
2. What can people expect to happen in Steven's case over the next 60 to 90 days?
Zellner response: In the next 60 days the circuit court will rule on whether Mr. Avery's conviction should be reversed. The judge, Angela Sutkiewicz, should recuse herself from the case since she has a blatant conflict of interest. She has presided over the Halbach wrongful death case and Avery's post-conviction case. This is totally improper and she should recuse herself as Judge (Willis) did. If she will not, Avery fully expects her to rule against him as she has on every issue to date. She should be holding an evidentiary hearing but it is doubtful she will. The appellate court will reverse her for all of her blatant errors.
Sutkiewicz substitutes her affinity for prosecutors in place of neutral adjudication. To be accused means you have no rights, to be convicted means law enforcement can do no wrong, in what passes for Sutkiewicz' legal mind in Wisconsin.
In 2017, Sutkiewicz rejected Steven Avery's request for a trial made through his post-conviction attorney, Kathleen Zellner.
Sutkiewicz issued her ruling and opinion without ordering and conducting an evidentiary hearing on Kathleen Zellner's 1,200-page post-conviction motion, replete with expert forensic testimony and analyses.
"The judge criticized the defense conclusions as 'speculative' and based on 'interim opinions' by experts," notes Heavy. com.
Few observers believe Sutkiewicz is equipped with the competence to adjudge world-renown forensic scientific evidence.
On June 14, 2018, Avery through Zellner filed a motion for judicial substitution of Sutkiewicz, (Fox-11, Digital). The state objected to the motion for a new judge (Fox-11 News).
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"When a judge determines that, for any reason, he or she cannot, or it appears he or she cannot, act in an impartial manner," a judge must disqualify herself, reads Wisconsin statute,757.19.
Asks a UK Avery supporter, "why is Sutkiewicz still on this case?"
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