ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/114-5 (2026)

Substitution of judge

✓ current as of May 2026
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(725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
    Sec. 114-5. Substitution of judge. (a) 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. The defendant may name only one judge as prejudiced, pursuant to this subsection; provided, however, that in a case in which the offense charged is a Class X felony or may be punished by death or life imprisonment, the defendant may name two judges as prejudiced.
    (b) Within 24 hours after a motion is made for substitution of judge in a cause with multiple defendants each defendant shall have the right to move in accordance with subsection (a) of this Section for a substitution of one judge. The total number of judges named as prejudiced by all defendants shall not exceed the total number of defendants. The first motion for substitution of judge in a cause with multiple defendants shall be made within 10 days after the cause has been placed on the trial call of a judge.
    (c) Within 10 days after a cause has been placed on the trial call of a judge the State may move the court in writing for a substitution of that judge on the ground that such judge is prejudiced against the State. 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. The State may name only one judge as prejudiced, pursuant to this subsection.
    (d) In addition to the provisions of subsections (a), (b) and (c) of this Section the State or any defendant may move at any time for substitution of judge for cause, supported by affidavit. Upon the filing of such motion a hearing shall be conducted as soon as possible after its filing by a judge not named in the motion; provided, however, that the judge named in the motion need not testify, but may submit an affidavit if the judge wishes. If the motion is allowed, the case shall be assigned to a judge not named in the motion. If the motion is denied the case shall be assigned back to the judge named in the motion.
(Source: P.A. 84-1428.)

    
Notes of Decisions
Cited in 85 cases (27 in the last 5 years), 1993–2026 · leading case: In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011).
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In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011). · cites it 9× “See 725 ILCS 5/114-5 (West 2006); 735 ILCS 5/2-1001(a) (West 2006).”
People v. Jackson, 2015 IL App (3d) 140300 (Ill. App. Ct. 2016). · cites it 6× “GARDNER, Assistant State’s Attorney, and moves this Honorable court to substitute the Honorable Judge WALTER BRAUD, in the above-captioned cause pursuant to 725 ILCS 5/114-5, and states as its reason that the State is entitled to one substitution of Judge (without cause) as a…”
In Re Marriage of O'Brien, 958 N.E.2d 647 (Ill. 2011). · cites it 9× “See 725 ILCS 5/114-5 (West 2006); 735 ILCS 5/2-1001(a) (West 2006).”
People v. King, 2020 IL 123926 (Ill. 2021). · cites it 2× “The next day, defendant moved for a substitution of judge as a matter of right, pursuant to section 114-5(a) of the Criminal Procedure of 1963 (725 ILCS 5/114-5 (West -3- 2014). In a written order, another judge denied that motion after concluding that Judge Hallock made a…”
People v. Jones, 845 N.E.2d 598 (Ill. 2006). · cites it 3× “On remand, prior to the start of the new trial, defendant filed a motion for automatic substitution of judge pursuant to section 114-5(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5(a) (West 1998)). The trial judge denied the motion as untimely.”
People v. Bell, 658 N.E.2d 1372 (Ill. App. Ct. 1995). · cites it 8× “Contemnor's attorney filed a motion for automatic substitution of judges (725 ILCS 5/114-5(a) (West 1992)) on September 2, 1993, asking that the case be assigned to a judge other than Judge Dunn.”
In Re Est. of Wilson, 939 N.E.2d 426 (Ill. 2010). · cites it 3× “Section 2-1001(a)(3) is the civil counterpart to section 114-5(d) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5(d) (West 2006)), which states: "[A]ny defendant may move at any time for substitution of judge for cause, supported by affidavit.”
People v. Patterson, 735 N.E.2d 616 (Ill. 2000). · cites it 2× “Defendant's attorney, Thomas Bomba, sought a substitution as a matter of right (see 725 ILCS 5/114-5(a) ( West 1998 )). When that motion was granted, Judge Bailey, rather than sending the case to the office of the chief judge for random reassignment, assigned the case to Judge…”
People v. Petrie, 2021 IL App (2d) 190213 (Ill. App. Ct. 2021). · cites it 3× “¶6 On January 15, Russo filed a motion for an automatic substitution of judge pursuant to section 114-5(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-5(a) (West 2014)). ¶7 On January 19, the parties appeared again before Judge Montgomery (Judge Stuckert was…”
George Del Vecchio, Cross-Appellee v. Illinois Dep't of Corr., 31 F.3d 1363 (7th Cir. 1994). · cites it 2× “114-5 (1963) (amended subsequent to 1978, see 725 ILCS 5/114-5 (1992)). But Garippo did not reveal even the fact of his earlier involvement, let alone its extent, to the defense.”
SKS & Assocs. v. Dart, 2012 IL App (1st) 103504 (Ill. App. Ct. 2012). · cites it 3× “A defendant in an indirect criminal proceeding may also move for a substitution of judge under section 114-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5 (West 2010)). Hoga v. Clark, 113 Ill.”
People v. Klein, 2015 IL App (3d) 130052 (Ill. App. Ct. 2015). · cites it 3× “¶ 79 In addition, we point out section 114-5(d) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5(d) (West 2010)) provides, if the motion for substitution is granted, the relief available to the movant is the appointment of another judge to conduct future proceedings.”
Show all 85 citing cases →
— 725 ILCS 5/114-5(a) — 51 cases
In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011). “See 725 ILCS 5/114-5 (West 2006); 735 ILCS 5/2-1001(a) (West 2006).”
People v. Petrie, 2021 IL App (2d) 190213 (Ill. App. Ct. 2021). “¶6 On January 15, Russo filed a motion for an automatic substitution of judge pursuant to section 114-5(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-5(a) (West 2014)). ¶7 On January 19, the parties appeared again before Judge Montgomery (Judge Stuckert was…”
People v. Bell, 658 N.E.2d 1372 (Ill. App. Ct. 1995). “Contemnor's attorney filed a motion for automatic substitution of judges (725 ILCS 5/114-5(a) (West 1992)) on September 2, 1993, asking that the case be assigned to a judge other than Judge Dunn.”
King v. Pfister, 834 F.3d 808 (7th Cir. 2016).
People v. Jackson, 2015 IL App (3d) 140300 (Ill. App. Ct. 2016). “GARDNER, Assistant State’s Attorney, and moves this Honorable court to substitute the Honorable Judge WALTER BRAUD, in the above-captioned cause pursuant to 725 ILCS 5/114-5, and states as its reason that the State is entitled to one substitution of Judge (without cause) as a…”
— 725 ILCS 5/114-5(b) — 4 cases
In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011). “See 725 ILCS 5/114-5 (West 2006); 735 ILCS 5/2-1001(a) (West 2006).”
Aussieker v. City of Bloomington, 822 N.E.2d 927 (Ill. App. Ct. 2005).
In Re Marriage of O'Brien, 958 N.E.2d 647 (Ill. 2011). “See 725 ILCS 5/114-5 (West 2006); 735 ILCS 5/2-1001(a) (West 2006).”
Aussieker v. City of Bloomington (Ill. App. Ct. 2005).
— 725 ILCS 5/114-5(c) — 8 cases
People v. Jackson, 2015 IL App (3d) 140300 (Ill. App. Ct. 2016). “GARDNER, Assistant State’s Attorney, and moves this Honorable court to substitute the Honorable Judge WALTER BRAUD, in the above-captioned cause pursuant to 725 ILCS 5/114-5, and states as its reason that the State is entitled to one substitution of Judge (without cause) as a…”
In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011). “See 725 ILCS 5/114-5 (West 2006); 735 ILCS 5/2-1001(a) (West 2006).”
In Re Marriage of O'Brien, 958 N.E.2d 647 (Ill. 2011). “See 725 ILCS 5/114-5 (West 2006); 735 ILCS 5/2-1001(a) (West 2006).”
People v. Wise, 2024 IL App (2d) 191139 (Ill. App. Ct. 2024).
In Re An, 755 N.E.2d 155 (Ill. App. Ct. 2001).
— 725 ILCS 5/114-5(d) — 28 cases
In Re Est. of Wilson, 939 N.E.2d 426 (Ill. 2010). “Section 2-1001(a)(3) is the civil counterpart to section 114-5(d) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5(d) (West 2006)), which states: "[A]ny defendant may move at any time for substitution of judge for cause, supported by affidavit.”
In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011). “See 725 ILCS 5/114-5 (West 2006); 735 ILCS 5/2-1001(a) (West 2006).”
People v. Jones, 845 N.E.2d 598 (Ill. 2006). “On remand, prior to the start of the new trial, defendant filed a motion for automatic substitution of judge pursuant to section 114-5(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5(a) (West 1998)). The trial judge denied the motion as untimely.”
People v. Klein, 2015 IL App (3d) 130052 (Ill. App. Ct. 2015). “¶ 79 In addition, we point out section 114-5(d) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5(d) (West 2010)) provides, if the motion for substitution is granted, the relief available to the movant is the appointment of another judge to conduct future proceedings.”
People v. Bell, 658 N.E.2d 1372 (Ill. App. Ct. 1995). “Contemnor's attorney filed a motion for automatic substitution of judges (725 ILCS 5/114-5(a) (West 1992)) on September 2, 1993, asking that the case be assigned to a judge other than Judge Dunn.”
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