Biased Judge
My brother was arrested for D.U.I. several years ago in Douglas County, served his sentence, paid his fines, and met all the necessary requirements.
Last year he, again, was arrested for D.U.I. A private attorney was retained and this attorney negotiated a plea agreement with the States Attorney. In court, the same Judge who had dealt with my brother in the prior D.U.I. arrest, was again the presiding Judge. This Judge refused to accept this plea agreement, stating ''not enough time.''
A new plea agreement has been obtained, with a longer sentence added, but his attorney says that the Judge is likely not to accept this plea agreement, either. It's suggested that my brother enter a blind plea, and allow the Judge to choose his own sentence.
What procedure is required to request a different Judge, since this one is obviously biased, and wishes to inflict sentencing based on his past knowledge of the prior D.U.I. case and not based on the present case before him. This Judge is the Chief Judge in this small Illinois County. Can he be replaced?
2 Answers from Attorneys
Re: Biased Judge
In Illinois, a Defendant is entitled to one change of Judge as of right. That right can be exercised only before the Judge has made a substantive ruling. Otherwise, a Judge can be changed only for proven cause, a difficult hurdle. Explore the change of Judge option with your attorney. It may be that, in a small county, there are few acceptable alternatives. However, watch out for politics, and an attorney not wanting to take a change, lest he "step on toes".
Re: Biased Judge
A judge can be replaced at least once without cause. After that, only with cause and always before any rulings on any substantive issues.
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