In re Marriage of Peradotti

Illinois Appellate Court
Civil Court
Motion for Substitution of Judge
Citation
Case Number: 
2018 IL App (2d) 180247
Decision Date: 
Friday, September 14, 2018
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Vacated and remanded with directions.
Justice: 
BIRKETT

A recused or otherwise disqualified judge has no power to enter further substantive orders in the case, absent, where applicable, a Rule 63(D) remittal. A recused judge cannot reconsider his or her recusal, as that would be a substantive decision. Once the judge recused himself, on basis that his nephew had begun working at the firm representing Respondent, he lost all authority to decide substantive matters, including whether he should have recused himself. As there is no Rule 63(D) remittal in the record, judge was without authority to reinstate himself to the case. Other judge erred in denying Petitioner's motion for substitution of judge for cause. (McLAREN and SPENCE, concurring.)