Substitution of Judges
When a case is filed in the Domestic Relations Division, a judge is automatically assigned to the case. In Illinois, parties in civil cases have the right to request a substitution of judge under certain circumstances. There are two specific types of ways that a judge can be substituted from a case.
Under Illinois law, pursuant to Section 2-1001(a)(2) of the Code of Civil Procedure, parties have an automatic right to one substitution of judge as a right. This means that either party can request a new judge without having to provide a reason for the request. The requirements for the exercise of the absolute right to substitute a judge are that (1) the party seeking a substitution timely exercises the right, (2) the party seeking a substitution files a motion to substitute judge before trial or hearing begins, and (3) the trial judge has not ruled on any substantive issue in the case. Simpson v. Knoblauch, 2020 IL App (5th) 190439, 446 Ill. Dec. 31, 169 N.E.3d 92. There can be disputes as to whether a substantive ruling has been made, so it is best to exercise this right sooner rather than later.
In addition to the automatic right to one substitution of judge, parties may also request a substitution of judge for cause. This type of substitution is much more difficult to obtain and has a high standard of proof. A party can request a new judge if they believe that the current judge is biased or prejudiced against them in some way. However, the party must provide evidence of bias or prejudice and convince the court that their request is justified and founded in fact. If there is a request for a substitution of judge for cause, the case will be transferred to another judge within the division for a hearing as to why the movant believes the judge has acted in a way that warrants substitution.
There are a few reasons why a Judge may be substituted for cause.
Personal Interest: If the judge has a personal interest in the outcome of the case (i.e they are a party to the case, they are a material witness) or has a relationship with one of the parties, this may be grounds for substitution. A judge may also recuse themselves in these instances.
Prejudice: It can be argued that a judge has demonstrated prejudice in some way that they could not provide a “fair trial” to you. This can be argued to be demonstrated in your case or in previous cases. However, a judge’s previous rulings and decisions will not likely be a valid basis for substitution, especially in areas where judges are given discretion to make rulings. Similarly, a judge ruling against you doesn’t immediately mean that there is bias or prejudice involved and would not warrant a substitution without stronger evidence.
It is important to note that a substitution for judge for cause is not automatic and requires a hearing to be held. Another judge will hear the motion for substitution for cause and then make the determination as to whether the motion should be granted or denied. It is very rare that a motion for substitution of a judge for cause is granted, as this is a serious allegation and it must be very clear that the judge acted inappropriately. The judge in question may also have the opportunity to respond to the allegations of bias or prejudice and defend their impartiality. This is different from a substitution of judge as a matter of right, where the judge currently assigned to your case will hear the motion and grant it automatically if the appropriate elements are met.
There may be other reasons why your judge changes during the pendency of your case. On occasion, judges are reassigned to different districts or different calendars. In Cook County, there are additionally some calendars that are “team” calendars. This means there is one “preliminary judge” who will hear, as the name suggests, preliminary matters. Once the case is set for a substantive hearing or trial, the preliminary judge assigns the case to a trial judge, who will then be assigned to the case and hear all matters relating to the case. Notably, there are some individual calendar judges who will hear a case from start to finish.
There are a lot of nuances in understanding the court system and the attorneys at The Law Office of Erin M. Wilson LLC are well versed in these issues and can help guide you through them. Contact The Law Office of Erin M. Wilson LLC at (312) 767-4220 for a complimentary consultation.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.