BREAKING NEWS: Recusal Request In Criminal Case for Waukesha Judge Denied

A Racine County Judge will hear a disorderly conduct case involving a Waukesha County Judge.

Linda Van De Water, a judge for the Waukesha County Circuit Court, is facing criminal charges after she allegedly tracked down and jumped on her .

The Racine County District Attorney’s Office filed a misdemeanor disorderly conduct charge against Linda Van De Water, 48, of Brookfield, in early April.

Steven Kohn, Van De Water’s attorney, said he filed a motion asking the Racine County District Attorney’s Office recuse itself and requested Racine County Circuit Court Judge Gerald Ptacek remove himself from the case.

Kohn gave Racine County Circuit Court Judge Gerald Ptacek a letter from Mike Nieskes, the Racine County District Attorney's office, that outlined contacts between Nieskes and Van De Water at two Republican party functions. Nieskes isn't prosecuting the case personally, but he oversees the caseload of all of the assistant district attorneys.

One of the contacts involved Van De Water asking Nieskes to endorse her as a candidate. Nieskes declined saying that he had already endorsed her opponent. Van De Water was elected as a circuit court judge in 2003. She ran for District II Court of Appeals in 2010 and lost.

Ptacek also said the contacts he had with Van De Water were also not of a political nature and he denied the request. Ptacek also noted that Van De Water wasn't in court for the motion hearing.

"I understand her role, but she has an obligation to attend," Ptacek said. "In the future she will not be afforded an exemption...there will not be any favoritism on our part."

A status conference was set for 8:30 a.m. Oct. 24. The trial is expected to start on Oct. 28.