Illinois Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

State:
Multi-State
Control #:
US-02219BG
Format:
Word; 
Rich Text
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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

Each party has the right to request a judge substitution as a matter of right as long as the request is made before the judge makes any substantive rulings in the case. Each party may invoke this right one time. Determining whether a ruling is substantive can be tricky and should be discussed with an attorney.

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

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.

In your notice of application or notice of motion you will ask for an order that the judge/master recuse herself/himself from hearing your case.

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.

Judges shall be elected at general or judicial elections as the General Assembly shall provide by law. A person eligible for the office of Judge may cause his name to appear on the ballot as a candidate for Judge at the primary and at the general or judicial elections by submitting petitions.

In Illinois, each party has an ?absolute? right to a substitution of judge one time under section 2-1001(a)(2) of the Code of Civil Procedure (?Code?), provided that the motion seeking substitution is filed before the judge has ruled on any substantial issue in the case.

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Illinois Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal