For Immediate Release: June 23, 2017
Contact: Craig M. Sandberg, 312.263.7249, firstname.lastname@example.org
Chicago, IL – A unanimous panel of justices in the Appellate Court of Illinois, First District, agreed with the Chicago-based law firm of Muslin & Sandberg that the charged contemnor was entitled to a substitution of judge as a matter of right, pursuant to section 114-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-5 (West 2012)).
"In light of the circumstances of this case, the motion for substitution should have been granted and the trial court erred in denying it. '[W]hen a motion for substitution of judge is improperly denied, all subsequent action by the trial judge, beyond transfer of the matter, is void.' [People v.] Tate, 2016 IL App (1st) 140598, ¶ 20. Accordingly, this case must be remanded to the trial court for a new trial before a different judge." Bangaly v. Bagianni, 2017 IL App (1st) 152454, ¶ 53.
WHAT: Opinion in Bangaly v. Bagianni, 2017 IL App (1st) 152454.
WHO: The law firm of Muslin & Sandberg represented the contemnor (as criminal counsel) in the Circuit Court of Cook County. The contemnor retained another attorney to handle the appeal, who, then, re-raised the issue of the trial court's improper denial of the motion for substitution of judge contemnor's appeal.
WHERE: Appellate Court of Illinois, First District, Fifth Division, 160 North LaSalle Street, Chicago, Illinois 60601
To view a PDF of the Court's Order, please click here: Bangaly v. Bagianni, 2017 IL App (1st) 152454.