Court Rules


Rule 69 - Municipal Divisions

Rule 69.5 - Procedures Prior to Entry of Plea

5.1 - DISQUALIFICATION OR UNAVAILABILITY OF JUDGE

(1) If the judge before whom a case is pending is related to any defendant or has an interest in, or has been counsel in the case he shall disqualify himself.

(2) If any party timely files a written application for change of judge pursuant to Supreme Court Rule 37.53 a change of judge shall be ordered. No party shall be allowed more than one change of judge pursuant to subdivision (c) of Rule 37.53.

(3) When a change of judge is granted or a judge disqualifies himself, the judge shall transfer the case to another judge within the division in multi--judge divisions or to another municipal judge within the circuit who is available and consents to hear the case, or notify the presiding judge of the circuit who shall designate a judge to hear the case or request the Supreme Court to transfer a judge to hear the case.

5.2 - EXPLANATION OF RIGHTS

The court shall advise, inform and explain to those defendants present their rights as provided by law.