Illinois Motion for Recusal of Judge - Removal

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Multi-State
Control #:
US-02218BG
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Word; 
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Description

A Judge should disqualify himself or herself in a proceeding where he or she:


" Has a personal bias or prejudice concerning a party;

" Has personal knowledge of disputed evidentiary facts;

" Served as a lawyer in the matter in controversy;

" Practiced law with a lawyer who, during the time of this association, handled the case in question;

" Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;

" Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;

" Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;

" Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or

" Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.

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FAQ

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.

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

If a judge recuses after a case has been assigned to a panel but before oral argument occurs, a replacement judge will typically be assigned to hear that case.

The prohibition against photographing courtroom proceedings was formerly part of Supreme Court Rule 63. It has been relocated and expanded for a number ofreasons. First, Rule 63 is a part of the Canons of Judicial Ethics, and the matters covered by this Rule are not predominantly related to judicial ethics.

Illinois has a simple and effective provision for a Motion for Substitution of Judge as of Right, 735 ILCS 5/2-?1001(2), in civil cases for any reason. ?As of Right? Motions must be filed before any substantive matters have been decided in the case or must be filed pre-?trial, if the parties agree to the motion.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.

"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

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Illinois Motion for Recusal of Judge - Removal