City of Naperville v. Luciano

Defendant was convicted, after bench trial, of disobeying a police officer in violation of a city ordinance. Ticket summoned Defendant to appear but did not name the judge before whom he would appear. Eight days later, according to his certificate of service, Defendant mailed a pro se motion for substitution of judge to city prosecutor Defendant e-filed it 5 days later, and e-filed it again 6 days later. Defendant could not be charged with knowing that his case was assigned to Judge Skarin prior to his appearance before him on initial appearance date. Because Defendant filed his motion for substitution of judge within 10 days of that appearance, Judge should have granted that motion. (HUTCHINSON and JORGENSEN, concurring.)