Ill. R. Cir. Ct. Dupage Cnty. 1.23

As amended through September 23, 2024
Rule 1.23 - MOTION FOR SUBSTITUTION OF JUDGE FOR CAUSE
(a) Except for cases assigned to one of the Field Courts, the following procedure shall be followed in all cases in which a Motion for Substitution of Judge for Cause has been filed:
(1) All Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.
(2) After a Motion for Substitution of Judge for Cause is filed, the named judge shall, after determining that the petition meets the applicable statutory and legal requirements for a hearing, immediately transfer the motion to his or her Presiding Judge for assignment or hearing. A Motion for Substitution of Judge for Cause naming a Presiding Judge shall be transferred to the Chief Judge for assignment or hearing.
(3) Without leave of court, no judge may be subpoenaed to testify at the hearing on a Motion for Substitution of Judge for Cause. The judge named in the motion need not testify, but may submit an affidavit if the judge wishes.
(4) If the Motion for Substitution of Judge for Cause is granted, the case shall be assigned to another judge within the Division, or if the motion is heard by the Chief Judge, he or she may retain the case.
(b) When a Motion for Substitution of Judge for Cause has been filed in a case assigned to the Field Courts, all of the above Rules shall apply, except the case shall be transferred to the Presiding Judge of the Traffic Division on a date approximately two weeks following the motion's presentment, at which time the motion shall be heard. If the motion is denied, the case shall be transferred back to the originating Field Court on the arresting officer's next regular court date. If the motion is granted, the case shall be transferred to the misdemeanor courtroom assigned to hear cases from the originating Field Court.

Ill. R. Cir. Ct. Dupage Cnty. 1.23