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Third Judicial District Chief Judge Jodi Williamson has denied a request by the owner of The Interchange Wine & Coffee Bistro to remove a judge from her criminal cases whom she says is not impartial and has violated a code of judicial conduct. 

Williamson stated in her order filed Tuesday that restaurant owner Lisa Hanson “failed to make an affirmative showing of cause to warrant the removal of Judge (Joseph) Bueltel for cause.” 

Bueltel is the third judge assigned to the case. Hanson faces nine misdemeanor criminal charges, including violating emergency powers and public nuisance, after she reopened her business in December in violation of state executive orders banning in-person dining to slow the spread of COVID-19. 

In Minnesota, parties in court cases can each remove one judge as a matter of right, but if they seek to disqualify the substitute judge, they must show prejudice and the case must go before the chief judge to review the request. 

Hanson’s case initially came before Judge Ross Leuning in January, but Leuning was dismissed per request of Albert Lea City Attorney Kelly Martinez. The case then was overseen by Judge Steve Schwab, but Hanson later requested he be removed. 

The case was reassigned to Bueltel Feb. 9, and Hanson motioned for Bueltel to be recused March 11. 

The motion to remove Bueltel came before Williamson June 21 in Dodge County after Bueltel denied Hanson’s request to do so. 

The chief judge stated Hanson argued Bueltel should be removed “because she was denied due process when she was compelled to attend a hearing on March 10 without receiving a summons and complaint and deprived of her liberty when she was subsequently arrested on the warrant.” Hanson also argued that the alleged lack of a summons and complaint regarding the scheduling of her bail hearing violated state statute and violates the Code of Judicial Conduct, illustrating bias and impartiality. 

Martinez said Hanson was not denied due process and objected to the request to remove Bueltel. 

Williamson in her order denying Hanson’s request to remove Bueltel said “a judge is not disqualified simply because he or she has taken other actions in the case which a party views as adverse to his or her interests or erroneous,” nor should a judge be disqualified simply because he or she has made remarks that might be construed as partial or has displayed “irritation” toward or disapproval of counsel. 

“A judge is presumed to be impartial, and the party seeking disqualification bears substantial burden of proving otherwise,” Williamson wrote. 

Hanson is next slated to appear in court on her criminal charges for a jury trial on July 20.