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Using Change of Venue as Grounds for an Appeal in Chicago
|Last Updated on: 1st October 2023, 03:24 pm
Using Change of Venue as Grounds for an Appeal in Chicago
So you lost your case in Cook County and want to appeal using change of venue as grounds? I feel you. The whole process can be super confusing and frustrating, especially if you don’t have a lawyer. Well, don’t worry – I’m here to walk you through it and explain everything in simple terms.
When Can You Request a Change of Venue?
Timing is important! You gotta request the change before the trial starts or the judge decides any important issues in your case. Don’t wait until things are already underway and then ask for a change – the judge will just deny it. Do it as early as possible.
The request has to be made through a verified petition. That means you sign an affidavit swearing that what’s in the petition is true.
What Should Your Petition Say?
Your petition needs to explain why you can’t get a fair trial in the current county. It needs to have details! Don’t just say “the judge is biased.” You need to lay out the facts and provide examples of how the judge has treated you unfairly.
Some good reasons to ask for a change of venue:
- The judge made rude or inappropriate comments about you
- The judge denied your motions without seriously considering them
- The judge has personal ties to the other party or witnesses
- There’s been a lot of negative local media coverage that could influence potential jurors
You also need affidavits from at least 2 other people who live in the county backing up your claims. They don’t have to have first-hand knowledge, but they need to say they believe you can’t get a fair shake based on what you’re alleging.
The other side will probably oppose your petition, so be ready for that. Make sure you’ve got a strong argument backed up by evidence!
How Does the Judge Decide the Petition?
The judge looks at the petition and any counter-affidavits from the other side. They decide whether it seems “according to the right of the case” to change venue or not.
If the judge finds your argument convincing, they’ll grant the change. If not, they’ll deny it. Simple as that.
One thing – you only get ONE shot at this. If the judge denies your change of venue petition, you can’t just turn around and file another one. So make that first one count!
What if the Judge is the Problem?
Things get tricky if the judge you’re alleging bias against is the one deciding whether to change venue. Like, of course they won’t want to transfer the case and admit they’re biased!
Some options:
- File the motion when a different judge is presiding over a hearing
- Ask the judge to voluntarily recuse themselves and let another judge decide
- Appeal the denial of your petition to a higher court
You may need to get creative. Don’t give up just because the biased judge won’t admit they’re biased!
Where Will the Case Move To?
If your petition is granted, the case will get transferred to another county. The new county can’t border the old one.
For trials, it’ll go to the nearest county with a courthouse and facilities to host a trial. For pretrial hearings, it could go to any county with minimal fuss.
You don’t get to pick the new county – the judge decides based on convenience, resources, etc. But anywhere is better than staying put if you truly can’t get a fair shake there!
How Do You Appeal a Denied Petition?
If the trial judge denies your petition, you can appeal to the IL Appellate Court. But you can’t do a normal appeal – you have to file a special permission petition under Illinois Supreme Court Rule 306.
This is known as an interlocutory appeal. “Interlocutory” means it’s appealing a decision made before the final judgment.
Your petition needs to lay out all the relevant facts and clearly explain how the judge erred in denying your change of venue. You also have to ask the appellate court for permission to appeal. They don’t have to say yes!
If they grant your petition, the appeal continues and they eventually issue a ruling. If they deny it, you’re stuck with the original judge.
What About Criminal Cases?
The process works basically the same in criminal cases, but the law is 725 ILCS 5/114-6 instead.
Timing is still important – file the petition ASAP. The big difference is you can ask for a change of venue if there’s reason to think the inhabitants of the county are prejudiced against you, even if the judge is fine.
This is useful if your case has gotten a ton of negative media coverage that could bias jurors against you. File a petition saying the entire county has turned against you, and ask for the proceedings to be moved somewhere you’ll get a fairer shake.
Key Takeaways
- File a change of venue petition ASAP if you think the judge or county is biased
- Explain in detail why you can’t get a fair trial where you are now
- Have affidavits from other residents backing up your claims
- You only get one shot, so make it count!
- For criminal cases, claim the inhabitants of the county are prejudiced
- Appeal to the IL Appellate Court if your petition gets denied
It’s definitely an uphill battle to get a change of venue, but not impossible! If you do your homework and make a strong case that you can’t get a fair shake where you are, you’ve got a solid shot. Good luck!