A Judge should disqualify himself or herself in a proceeding where he or she:
" Has a personal bias or prejudice concerning a party;
" Has personal knowledge of disputed evidentiary facts;
" Served as a lawyer in the matter in controversy;
" Practiced law with a lawyer who, during the time of this association, handled the case in question;
" Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;
" Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;
" Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;
" Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or
" Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.
Title: Exploring the Chicago, Illinois Motion for Refusal of Judge — Removal: Types and Procedures Introduction: In Chicago, Illinois, the Motion for Refusal of Judge — Removal is a legal process aimed at replacing a judge involved in a case with a new impartial judge. This detailed description will examine the various types of refusal motions, their significance, and the procedures associated with filing such a motion within the context of the Chicago, Illinois legal system. 1. Understanding the Chicago, Illinois Motion for Refusal of Judge — Removal: The Motion for Refusal of Judge — Removal is an essential tool to protect the fairness and integrity of legal proceedings. It provides a means for parties to seek the disqualification of a judge when there are reasonable grounds that may bias their judgment or create an appearance of bias. 2. Types of Refusal Motions in Chicago, Illinois: a. Peremptory Refusal: Also known as a "peremptory" or "without cause" refusal, this motion can be filed by either party involved in the case without providing specific reasons or evidence of bias. It is typically granted as a matter of right, allowing the party to request the assignment of a new judge without providing extensive justification. b. Discretionary Refusal: This type of refusal motion requires parties to present substantial evidence or valid reasons to demonstrate actual bias or a reasonable appearance of bias by the judge. It relies on the judge's discretion to accept or reject the motion. Common grounds for discretionary refusal may include personal or financial connections between the judge and a party involved, public statements or conduct implying bias, or previous involvement in the case as a lawyer or witness. 3. Filing a Chicago, Illinois Motion for Refusal of Judge — Removal: a. Motion Preparation: Parties seeking refusal must prepare a formal written motion documenting their request to remove the judge. The motion should include the case caption, a clear statement identifying the judge to be recused, and a detailed explanation supporting the grounds for refusal. b. Serving the Motion: The party filing the motion must serve a copy to all opposing parties and the judge in question. Proper service must adhere to the guidelines specified by the Chicago, Illinois court rules. c. Motion Hearing: After the motion is served, a hearing is scheduled where the parties present their arguments for or against refusal. The judge in question may also offer his or her response and evidence to refute the allegations. d. Judge's Decision: Upon the conclusion of arguments, the judge will issue a ruling either granting or denying the motion for refusal. If granted, a new judge will be assigned to the case, ensuring fairness and impartiality. Conclusion: The Chicago, Illinois Motion for Refusal of Judge — Removal serves as a vital recourse for parties seeking to ensure the integrity and unbiased nature of legal proceedings. Through peremptory and discretionary refusal motions, litigants can safeguard their right to a fair trial by requesting the replacement of a judge who may exhibit actual bias or create the appearance of bias. A properly filed, supported, and legally sound motion provides an opportunity for parties to maintain confidence in the judicial process.
