Denial Of Motion For Substitution Of Judge Not A Final Order

Bobby Lee Harrison was awaiting trial on charges of aggravated criminal sexual assault. He was unhappy with the trial judge, so he moved for substitution, claiming the judge was biased against him. The motion was denied, and Harrison appealed.

The First District Appellate Court granted the State’s motion to dismiss. The court ruled that the order denying the substitution motion was not final and appealable. “The denial of a motion for substitution of judge is not a final order . . . Rather, it has been described as ‘a step in the procedural progression leading to’ judgment.”

The whole opinion, People v. Harrison, 1-07-0732 (3/21/07), is available by clicking here.