94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0516


 
Introduced 2/17/2005, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/2-1001
  from Ch. 110, par. 2-1001







    Amends the Code of Civil Procedure. Provides that a judge named in a petition for the substitution of a judge need not testify but may submit an affidavit if the judge wishes. Provides that if the petition for substitution is allowed, the case shall be assigned to a judge not named in the petition. Provides that if the petition for substitution is denied, then the case shall be assigned back to the judge named in the petition.
















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A BILL FOR









 











SB0516

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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Section 2-1001 as follows:
 



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    (735 ILCS 5/2-1001)  (from Ch. 110, par. 2-1001)



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    Sec. 2-1001. Substitution of judge. 
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    (a) A substitution of judge in any civil action may be had 
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in the following
situations:


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        (1) Involvement of judge.  When the judge is a party or 
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    interested in the
action, or his or her testimony is 
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    material to either of the parties to the
action, or he or 
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    she is related to or has been counsel for any party in 
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    regard
to the matter in controversy. In any such situation 
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    a substitution of judge may be
awarded by the court with or 
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    without the application of either party.


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        (2) Substitution as of right.  When a party timely 
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    exercises his or
her right to a substitution without cause 
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    as provided in this paragraph (2).


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            (i) Each party shall be entitled to one 
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        substitution of judge
without cause as a matter of 
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        right.


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            (ii) An application for substitution of judge as of 
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        right shall be
made by motion and shall be granted if 
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        it is presented before trial or
hearing begins and 
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        before the judge to whom it is presented has ruled on

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        any substantial issue in the case, or if it is 
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        presented by consent of
the parties.


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            (iii) If any party has not entered an appearance in 
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        the case and has
not been found in default, rulings in 
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        the case by the judge on any
substantial issue before 
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        the party's appearance shall not be grounds for
denying 
 


 






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        an otherwise timely application for substitution of 
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        judge as of
right by the party.


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        (3) Substitution for cause.  When cause exists.


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            (i) Each party shall be entitled to a substitution 
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        or substitutions
of judge for cause.


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            (ii) Every application for substitution of judge 
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        for cause shall be
made by petition, setting forth the 
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        specific cause for substitution and
praying a 
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        substitution of judge.  The petition shall be verified 
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        by the
affidavit of the applicant.


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            (iii) Upon the filing of a petition for 
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        substitution of judge for
cause, a hearing to determine 
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        whether the cause exists shall be conducted
as soon as 
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        possible by a judge other than the judge named in the 
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        petition. The judge named in the petition need not 
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        testify but may submit an affidavit if the judge 
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        wishes. If the petition is allowed, the case shall be 
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        assigned to a judge not named in the petition. If the 
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        petition is denied, the case shall be assigned back to 
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        the judge named in the petition.



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        (4) Substitution in contempt proceedings.  When any 
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    defendant in a
proceeding for contempt arising from an 
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    attack upon the character or
conduct of a judge occurring 
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    otherwise than in open court, and the proceeding
is pending 
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    before the judge whose character or conduct was impugned,

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    fears that he or she will not receive a fair and impartial 
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    trial before
that judge.  In any such situation the 
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    application shall be by petition,
verified by the 
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    applicant, and shall be filed before the trial of the

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    contempt proceeding.

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    (b) An application for substitution of judge may be made to 
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the court in
which the case is pending, reasonable notice of 
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the application having been
given to the adverse party or his 
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or her attorney.

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    (c) When a substitution of judge is granted, the case may 
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be assigned to
some other judge in the same county, or in some 
 


 






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other convenient county, to
which there is no valid objection.  
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If the case is assigned to a judge in some
other county, the 
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provisions of subsections (f) through (m) of Section 2-1001.5

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shall apply.

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(Source: P.A. 87-949; 88-35.)