NCJ Number
150090
Journal
Illinois Bar Journal Volume: 82 Issue: 5 Dated: (May 1994) Pages: 240-243,255
Date Published
1994
Length
5 pages
Annotation
This article discusses the procedural changes and clarifications embodied in the 1993 Illinois statute that governs petitions for substitution of judges.
Abstract
New substitution-of-judge and change-of-venue provisions have replaced the former change of venue statute. The new statute identifies circumstances under which a judge may be substituted in civil actions and specifies the procedures to use in addressing the issue. Prior to this modification, the term "change of venue" referred both to the substitution of one judge for another in the same county and to a change of venue to a different county. The restructured statute separates the substitution of judges and change of venue provisions. It also changes the procedures and requirements necessary to obtain a substitution of judge. The new statute makes substitution available in civil actions when the judge is involved in the case, a party exercises the right to substitute a judge one time without showing cause, prejudice is alleged for cause, and a defendant is in a contempt proceeding. This restructuring of the change of venue statute conforms statutory law to case law while making few substantive changes. Parties can now exercise their right to a substitution without alleging prejudice. Parties must still be aware, however, of the various hurdles. They should request substitution as a right as soon as possible. Intervening action by the judge or the party may cause the court to find that the motion is untimely. Parties should also avoid giving any indication that the motion is made to delay the proceedings. Parties who oppose substitution should also consider these factors. 42 footnotes