People v. Class

This case presents question as to whether Appellate Court has any authority, upon reversal of trial court’s order dismissing defendant’s post-conviction petition, to direct re-assignment of new circuit court judge to consider matter upon remand “in interest of justice.” Appellate Court invoked Rule 366(a)(5) when making said reassignment, and defendant argued in his petition for leave to appeal that Rule 366(a)(5) applied only to civil appeals. Defendant also maintained that: (1) substitution of circuit court judges could only be made upon proper showing of bias or actual prejudice; and (2) Appellate Court’s decision to substitute circuit court judge was also  improper because it was made without any request to do so by the parties.