How do I appeal to challenge jurisdiction? Is there a particular writ to use?

Asked over 1 year ago - Amboy, IL

I filed court papers for substitution of judge due to cause. The judge who it was about ruled on it without a court hearing. I filed for the judge to recuse himself. He struck the document.

Attorney answers (3)

  1. Joshua Sachs

    Contributor Level 19
    Best Answer
    chosen by asker

    Answered . Substitution of judge is not a jurisdictional issue. Illinois, unlike some other states, does not have a writ practice. If your motion was properly and adequately prepared you may have preserved this issue for appeal, and that might be all you can do at this point. No lawyer who is not familiar with the details of the case can give you any useful advice on the basis of your posting. Do not take what I am telling you as advice or suggestions about what you should do. I have made a few very general observations, but I know nothing about your case.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . After a judge has issued a substantive ruling you have no substitution course of right. Illinois does not use writ practice. You may only remove a judge for cause such as criminal conduct Otherwise the judge has immunity.

    Your post screams out your need for retaining a lawyer.

  3. Judy A. Goldstein

    Contributor Level 20

    Answered . You have asked this question before and were told there is no jurisdictional issue.

    You are using a lot of legal words - mostly in the wrong context. You cannot appeal, although you might be able to file a motion for reconsideration. The judge is not likely to reconsider, however, since you have done this several times already.

    There is no writ appropriate for filing a motion or an appeal.

    Once again, it is suggested that you retain an attomey. You obviously are not getting anywhere on your own.

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