Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

725 ILCS 5/114-5

(725 ILCS 5/114-5) (from Ch. 38, par. 114-5)

Sec. 114-5.

Substitution of judge.

(a) Within 10 days after a cause involving only one defendant has
been placed on the trial call of a judge the defendant may move the
court in writing for a substitution of that judge on the
ground that such judge is so prejudiced against him that he
cannot receive a fair trial. Upon the filing of such a motion the court
shall proceed no further in the cause but shall transfer it to another judge
not named in the motion.  The defendant may name only one judge as prejudiced,
pursuant to this subsection; provided, however,
that in a case in which the offense charged is a Class X felony or may be
punished by death or life imprisonment, the defendant may name two judges as prejudiced.

(b) Within 24 hours after a motion is made for substitution of judge
in a cause with multiple defendants each defendant shall have the right
to move in accordance with subsection (a) of this Section for a
substitution of one judge. The total number of judges named as
prejudiced by all defendants shall not exceed the total number of
defendants. The first motion for substitution of judge in a cause with
multiple defendants shall be made within 10 days after the cause has
been placed on the trial call of a judge.

(c) Within 10 days after a cause has been placed on the trial call of
a judge the State may move the court in writing for a substitution of that
judge on the ground that such judge is prejudiced against the State.  Upon
the filing of such a motion the court shall proceed no further in the cause
but shall transfer it to another judge not named in the motion.  The State
may name only one judge as prejudiced, pursuant to this subsection.

(d) In addition to the provisions of subsections (a), (b) and (c) of this
Section the State or any defendant may move at any time for substitution of
judge for
cause, supported by affidavit. Upon the filing of such motion
a hearing shall be conducted as soon as possible after its filing by a judge
not named in the motion; provided, however, that the judge named in
the motion need not testify, but may submit an affidavit if the judge wishes.
 If the motion is allowed, the case shall be assigned to a judge not named
in the motion.  If the motion is denied the case shall be assigned back
to the judge named in the motion.

(Source: P.A. 84-1428.)