Illinois Transfer Order Substitution of Judge/Refusal is a legal procedure used in the state of Illinois when a judge is disqualified from a case for any reason. This procedure allows the court to transfer the case to another judge or to a different court or agency. There are three types of Illinois Transfer Order Substitution of Judge/Refusal: mandatory substitution, discretionary substitution, and disqualification. Mandatory Substitution occurs when the law requires the case to be transferred to another judge. This generally happens when a judge has a personal conflict of interest or a bias in the case. Discretionary Substitution occurs when the parties involved in the case or a court order requests that the case be transferred to another judge. This can happen if the parties involved in the case believe that the current judge is not impartial or if they believe that the current judge has a personal bias in the case. Disqualification occurs when a judge is disqualified from a case due to misconduct or malpractice. This can occur if the judge fails to follow the proper procedure, shows bias in the case, or is found to be in violation of the judicial code of conduct.
Illinois Transfer Order Substitution of Judge/Recusal
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How to fill out Illinois Transfer Order Substitution Of Judge/Recusal?
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Substitution of judge for cause, a hearing to determine whether the cause exists shall be conducted as soon as possible by a judge other than the judge named in the petition. The judge named in the petition need not testify but may submit an affidavit if the judge wishes.
Substitution of judge for cause, a hearing to determine whether the cause exists shall be conducted as soon as possible by a judge other than the judge named in the petition. The judge named in the petition need not testify but may submit an affidavit if the judge wishes.
Sec. 114-5. Substitution of judge. (a) Within 10 days after a cause involving only one defendant has been placed on the trial call of a judge the defendant may move the court in writing for a substitution of that judge on the ground that such judge is so prejudiced against him that he cannot receive a fair trial.
A party may request a substitution of judge for cause by filing a verified petition, supported by an affidavit, setting forth a good reason that the judge should be substituted. Once the petition has been filed, a hearing will be held before a different judge to determine whether the substitution will be permitted.
Your case may move to a new judge for reasons beyond your control, such as: In the general course of court administration, or ? If your judge recuses herself (removes herself from your case). For more information on Motions for Substitution, see 735 ILCS 5/2-1001.