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The owner of The Interchange Wine & Coffee Bistro has filed a petition with the Minnesota Court of Appeals to remove the judge presiding over the two criminal cases against her.

The action comes after 3rd Judicial District Chief Judge Jodi Williamson last month denied bistro owner Lisa Hanson’s request to remove Judge Joseph Bueltel from her cases.

Williamson stated Hanson “failed to make an affirmative showing of cause to warrant the removal of Judge (Joseph) Bueltel for cause.”

The chief judge 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.

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.

Hanson states in her filing with the Court of Appeals that Bueltel denied her due process of law. She also questions how he can proceed as judge for her criminal files when she has taken legal action against him.

“His impartiality may be reasonably questioned on the grounds of potential retribution against the defendant,” she writes.

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.

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, in her filing with the Court of Appeals, questioned whether Williamson condoned what she described as Bueltel’s “violation of the code of judicial conduct” when Williamson did not address her claims of due process violations.

She also claims Williamson “avoided her duty as a ‘reasonable examiner’ of the facts and circumstances and made a determination citing wholly irrelevant authority.”

Hanson asks for a writ of prohibition, or in the alternative, a writ of mandamus, directing the removal of Bueltel, who on July 1 became the district’s chief judge. She is also requesting her proceedings at the district court level be put on hold until the Appeals Court has heard and decided on the matter, and requested an award of costs of the petition.

Hanson was scheduled for a pre-trial hearing in front of Bueltel on Wednesday, but that has been canceled.