(Court opinion corrected 8/1/17.) Plaintiff was appointed independent administrator of his niece’s estate. Plaintiff executed an affidavit of heirship which averred that his niece never married. Later, Court learned that Plaintiff’s niece was married, and that Plaintiff had misled the court on several occasions. Court ordered the law firm representing Defendants to initiate indirect criminal contempt proceedings. Plaintiff filed a motion for a substitution of judge, which must be filed within 10 days of the case being placed on the trial call. While Plaintiff’s motion was timely filed, it was ambiguous. Two days later, after the 10-day period lapsed, Plaintiff filed a supplemental motion clarifying the first motion. Court denied the motion as untimely. Court should not have denied motion as untimely where the supplemental motion was filed before the original motion had been ruled on or any further proceedings in the case had occurred. Case remanded for a new trial before a different judge. (HALL and REYES, concurring.)
Illinois Appellate Court
Civil Court
Motion for Substitution of Judge