NCJ Number
77496
Journal
Chicago Bar Record Volume: 60 Issue: 2 Dated: (September/October 1978) Pages: 112-116,118-119
Date Published
1978
Length
7 pages
Annotation
This article describes the provisions under Illinois law for change of venue in civil and criminal cases for judicial prejudice; problems with case classification are highlighted.
Abstract
At common law, no provision existed for change of venue for judicial prejudice. However, separate statutory provisions now provide for such change in both civil and criminal cases. In civil cases, the Illinois Venue Act provides that a change in judicial venue may be made when any party or the individual's attorney fears that a fair trial will not be received because of judicial prejudice. No party may have more than one change of venue, and the motion for change must be verified by affidavit of the petitioner. If the motion is filed in a timely manner, it need only state a general allegation of prejudice on the part of the judge. A common practical problem for attorneys and judges is whether the venue act can be invoked against a pretrial judge. The Illinois Code of Criminal Procedure, in criminal cases, provides for a substitution of judge procedure that is basically similar to the civil venue act. A substitution motion in the criminal law area is timely if made before the trial judge has ruled on any substantive issues. Due to differences of timing and formalities between the civil venue act and the criminal substitution of judge provisions, the legal problem must be classified as either civil or criminal to determine which statute governs. The major classification problem occurs in contempt cases. The article includes 48 footnotes.