Publications

Section Newsletter Articles on Substitution of Judge

The Second District avoids causing new ripples in the common law “test the waters” doctrine By Edward Casmere and Kaitlin Klamann Bench and Bar, September 2016 While the Illinois appellate courts continue to disagree as to whether the “test the waters” doctrine may serve as a basis for denying a motion for substitution of judge, both the Supreme Court and the Second District have signaled that, when considering a Section 2-1001 motion, trial court judges should consider whether the circumstances indicate that a party is seeking to gain a tactical advantage through gamesmanship and judge-shopping.
The status of the “test the waters” doctrine after the Illinois Supreme Court’s decision in Bowman v. Ottney By Kaitlin Klamann Bench and Bar, February 2016 The Illinois Supreme Court recently declined to rule on the viability of the “test the waters” doctrine in Illinois. It had the opportunity to do so in Bowman v. Ottney, but instead decided the case on statutory grounds and left the doctrine’s future open.
Supreme Court supports circuit court’s discretion to deny a motion to substitute judge in refiled case By Edward Casmere Bench and Bar, January 2016 In Bowman v. Ottney, the Illinois Supreme Court held that trial courts have discretion to deny a motion for substitution of judge in a refiled case when the motion is presented to the same judge who made substantive rulings in the previously dismissed case.
Substitution of judge as of right is in need of a time restriction By Robert I. Berger and Jin Yan Civil Practice and Procedure, September 2015 A party’s statutory right to a substitution of judge without the need to allege cause is a unique privilege. To prevent abuse of this privilege, the authors argue the statute should be amended to impose time limitations on exercising the right.
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.
Substitution of Judge: Recent case law By Susan M. Brazas General Practice, Solo, and Small Firm, October 2006 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.
Substitution of judge-Second supplemental update By Thomas F. Hartzell General Practice, Solo, and Small Firm, February 2005 The case, In re: Estate of Helen Jean Gay v. Carolyn Hetrick, cites several other cases from Illinois concerning substitution of Judge and substantive rulings. It is a good reference guide.
Substitution of judge—supplemental update By Thomas F. Hartzell General Practice, Solo, and Small Firm, May 2002 In the January, 2002, issue of the General Practice Solo and Small Firm newsletter, I wrote an article concerning substitution of Judge.
Touchy, touchy—substitution of judge By Thomas F. Hartzell General Practice, Solo, and Small Firm, January 2002 In many of the smaller counties there may be only one circuit judge who the attorneys appear before almost every time they have court business.