In both a criminal case and civil case you have the ability to get rid of a judge and be assigned a different judge. However, there are certain limitations.
First, the process of switching judges is called a “SUBSTITUTION OF JUDGE” OR “SOJ” for short. In a civil case it is provided for in 735 ILCS 5/2-1001(a). In a criminal case the statute is 725 ILCS 5/114-5.
In a criminal case a defendant has 10 days in which to file a SOJ. The exact language of the statute is:
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.
After 10 days, you can still change judge for cause, meaning you can prove that the judge would be unfair to you. This motion must be supported by an affidavit and has to have a reason. For example, the judge has a personal interest in the outcome of the case or if the judge commented that he thought a defendant was guilty before a trial.
Once a motion is made and granted, the case will be transferred to the chief judge of the courthouse for reassignment. You will be notified of your new judge possibly the same day.
FINAL THOUGHTS:
This process should only be used when you have a judge that is absolutely unacceptable. The term “the devil you know if better than the devil you don’t know” is often cited when discussing a SOJ.
In other words, a SOJ should only be used there is no other choice.
