Publications

Section Newsletter Articles on Substitution of Judge

SOJ when court discloses opinion on related issue By Jewel N. Klein Bench and Bar, June 2013 The right to seek another opinion when the lawyer believes that the judge may rule adversely should remain absolute and it should not make any difference whether that belief is obtained from a colleague, the internet, the newspaper, or directly from the judge.
SOJ when court discloses opinion on related issue By Jewel N. Klein General Practice, Solo, and Small Firm, April 2013 The right to seek another opinion when the lawyer believes that the judge may rule adversely should remain absolute and it should not make any difference whether that belief is obtained from a colleague, the internet, the newspaper, or directly from the judge.
No substitute for substitution standard: Actual prejudice remains the standard to succeed on a Petition to Substitute a Judge for Cause By Angela K. LaFratta Bench and Bar, January 2012 Practitioners and judges alike should be aware that, according to the majority in In re Marriage of O’Brien, a party wishing to obtain a substitution of judge for cause must establish actual prejudice or bias. 
When can a judge judge whether a judge can judge? In Re The Estate of Mary Ann Wilson, 238 Ill.2d 519 (2010) By David W. Inlander and Deborah Jo Soehlig Bench and Bar, June 2011 At issue in Estate of Wilson was whether the judge against whom the petition for substitution was filed was entitled to decide whether the petition was facially sufficient to require a hearing.
Case note: Williams v. Estate of Cole, 393 Ill.App.3d 771 (1st Dist. 2009): Regarding the Substitution of a Judge By John W. Foltz Elder Law, December 2009 The Williams case concerned a petition seeking to have a guardianship appointed for Shirley Cole. 
Substitution of Judge: Recent case law By Susan M. Brazas Bench and Bar, February 2007 The Illinois Code of Civil Procedure provides direction on the procedures to request a substitution of judge.
How void is void? By Daniel B. Shanes Bench and Bar, December 2005 The Appellate Court recently held that in multiple-plaintiff cases, each plaintiff enjoys one substitution-of-judge motion as a matter of right, but those plaintiffs that choose not to join in the substitution-of-judge motion later lack standing to object to that motion’s disposition.