Emotions ran high at a recent Cook County bond reduction hearing in a high-profile murder case, and these feelings spilled over into a nearby parkway.
No arrests were made after family members argued and briefly exchanged fisticuffs. The underlying case involves a 13-year-old girl who is accused of fatally stabbing a 15-year-old girl; the bond hearing was for 35-year-old Tamika Gayden, the alleged assailant’s mother. According to prosecutors, Ms. Gayden told her daughter to grab a switchblade knife from her purse moments before the slaying. Following the hearing, the circuit court judge ordered the woman to be held without bond, pending trial on charges of contributing to the criminal delinquency of a minor and murder. The judge added that the surrounding facts were “despicable and unconscionable.”
The judge noted that, in the Chicago area, there had been 235 murders in the 139 days prior to the hearing.
Emotions in the Courthouse
Criminal cases are probably second only to family law cases in the amount of strong feelings the cases generate. Furthermore, because of the nature of their jobs, many judges are detached from the proceedings and most prosecutors are only interested in obtaining convictions. Nonetheless, many participants in the criminal justice process are put off by this lack of empathy.
Some emotional displays are beneficial; for example, many judges and jurors like to see remorseful defendants during sentencing. But on the whole, these outbursts are counterproductive and may even lead to contempt of court proceedings, so restraint is key. If you need to vent, speak to your attorney about available options.
Motion to Substitute Judge
Judges seldom comment on the evidence, except perhaps when pronouncing sentence, and comments during the pretrial phase are almost unheard of. The U.S. Constitution guarantees the right to an impartial trial, but judges are people too. They read the papers like everyone else, and as we all do at one time or another, they may draw conclusions based on less than all the facts.
If a defendant, or the state, feels that a judge is biased, Illinois law gives the party two opportunities to substitute the judge:
- Automatic: After a case has been on the trial docket for at least 10 days, either side may ask for a substitute judge. All procedures automatically stop, and the case must be transferred to another judge within 24 hours. No hearing is required.
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Affidavit: At any time, either side may file a motion to substitute that is supported by an affidavit detailing the alleged bias. There must be a public hearing, which is difficult to win.
In either instance, unless the underlying offense is a Class X felony, the moving party cannot designate a transferee judge; in Class X cases, a moving party may name two biased judges.
Judges may also recuse themselves because of a financial or personal interest in the case, but such events almost never happen in criminal cases. Furthermore, if there is misconduct during the trial, either party may file a complaint with the Illinois Judicial Inquiry Board, but this body may or may not have the power to reverse the judge’s decisions in the case.
Partner with Assertive Attorneys
For prompt assistance in a criminal case, contact an experienced criminal defense lawyer in Schaumburg. At Glasgow & Olsson, we routinely represent individuals throughout Chicagoland.
(photo courtesy of M. Connors)