The Illinois Assignment of Judge in Criminal Cases is a process used to assign a judge to a criminal case. This is done to ensure that each case is heard by an impartial and qualified judge. The assignment of judge is done by the presiding judge of each judicial district, and the judge will typically be from the same district or one of the contiguous districts. Depending on the jurisdiction, there can be different types of assignments for criminal cases. The most common assignment of judge in Illinois is a "Regular Assignment," where the presiding judge assigns a judge to a particular criminal case. This judge will preside over all proceedings in the case, including any hearings, motions, or trials. Another type of assignment of judge is a "Special Assignment," which is used when the presiding judge believes that a particular criminal case requires a more experienced judge. The judge assigned to a special assignment is typically from a different judicial district than the regular assignment judge, and they will only preside over certain proceedings in the case, such as a specific hearing or trial. Another type of assignment of judge is a "Substitute Assignment," which is used when the designated judge is unable to preside over a criminal case due to a conflict of interest. In these cases, the presiding judge will appoint a substitute judge to preside over the case. Finally, a "Subpoena Assignment" is used when a witness needs to appear before a judge, and they cannot appear in the same jurisdiction as the criminal case. In this instance, the presiding judge will assign a judge from another jurisdiction to preside over the witness's testimony.
Illinois Assignment of Judge in Criminal Cases
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FAQ
At the initial filing of a case or when a case is reopened for which no previous judicial assignment has been made, the Clerk's office shall assign the case to an individual Judge who shall be responsible for determination of every issue and proceeding in the case until its termination.
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.
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.
Although rarely granted, a defendant has the right to file the motion and make an argument for dismissal under certain conditions. In Illinois the Code of Criminal Procedure, under 725 ILCS 5/114-1, grants authority to file a Motion to dismiss charge.
§ 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.
Substitution of judge without cause as a matter of right. of right shall be made by motion and shall be granted if it is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case, or if it is presented by consent of the parties.
(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender, gender identity, religion, national origin, ethnicity, pregnancy, disability, age, sexual