I am in Illinois
Here is what has happened condensed version.
1. Arrested Oct 31, 2004, 3 counts Domestic battery(misdememenors).
2. Arraigned Nov 3, 2004.
3. Court orders Public Defenders office to appoint lawyer Dec. 10, 2004.
4. I try to contact P.D. office repeatedly and I am told to wait and they will contact me.
5. Jan 18, 2005 I begin filing simple motions such as discovery and speedy trial demand in hopes P.D. will contact me. I serve a courtesy copy of each filing on the P.D.'s office. P.D. office still will not give me a lawyer.
6. I file a show cause against the P.D's office for not compling with the order to appoint counsel, it was ignored. The clerk of the court will not schedule motion hearings for me.
7. Feb 8, 2005 Pre trial conference, P.D. introduces himself makes offer of guilty to 3 counts, fine and diversion. I refuse, I am then given an order continuing the pre trial that states my lawyer was not present.
8. March 29, 2005 pre-trial conference, new P.D., I am informed the other quit. New P.D. makes same offer. I refuse. P.D. begins screaming at me that I am a real smart ass as we enter the courtroom he is still yelling at me. P.D. pushes his way up to the judge. I am not within hearing range. The judge calls me up and informs me he is allowing the P.D. to withdraw. He also informs me that I am my own lawyer now and jury trial is in 6 days.
9. States Attorney informs me they are seeking jail time. I have not signed a waiver of counsel. I have received no discovery from the states attorney.
10. I serve Judge motion of substituion of judge as of right. Judge denies says my ten days to file started at the Feb 8, 2005 pre trial. I never had seen or talked to this judge before March 29, 2005. The printed order I received on Feb 8 names no judge.
11. I get rehearing on the motion the next day and have supporting case law that the 10 days start when defendant can be charged with knowledge of who the trial judge is. Judge denies motion.
12. I ask judge to remove himself for cause.
13. Judge says I must file in writing. Judge says I have one hour to have the petition file stamped or he will deny it. Judges are not allowed in Illinois to rule on their Substition for cause. I quickly wrote one up and the supportiing affidavit by hand and had it filed with about 5 minutes to spare.
14. Case has not yet been scheduled to be heard by the Chief Judge.
I have never been in a situation like this.
I believe a reasonable person could and would conclude my judge is biased against me.
What will the Chief Judge want to hear or see? What will he not want to hear?
Is this type of Motion even winnable?
Thanks for any advice
Here is what has happened condensed version.
1. Arrested Oct 31, 2004, 3 counts Domestic battery(misdememenors).
2. Arraigned Nov 3, 2004.
3. Court orders Public Defenders office to appoint lawyer Dec. 10, 2004.
4. I try to contact P.D. office repeatedly and I am told to wait and they will contact me.
5. Jan 18, 2005 I begin filing simple motions such as discovery and speedy trial demand in hopes P.D. will contact me. I serve a courtesy copy of each filing on the P.D.'s office. P.D. office still will not give me a lawyer.
6. I file a show cause against the P.D's office for not compling with the order to appoint counsel, it was ignored. The clerk of the court will not schedule motion hearings for me.
7. Feb 8, 2005 Pre trial conference, P.D. introduces himself makes offer of guilty to 3 counts, fine and diversion. I refuse, I am then given an order continuing the pre trial that states my lawyer was not present.
8. March 29, 2005 pre-trial conference, new P.D., I am informed the other quit. New P.D. makes same offer. I refuse. P.D. begins screaming at me that I am a real smart ass as we enter the courtroom he is still yelling at me. P.D. pushes his way up to the judge. I am not within hearing range. The judge calls me up and informs me he is allowing the P.D. to withdraw. He also informs me that I am my own lawyer now and jury trial is in 6 days.
9. States Attorney informs me they are seeking jail time. I have not signed a waiver of counsel. I have received no discovery from the states attorney.
10. I serve Judge motion of substituion of judge as of right. Judge denies says my ten days to file started at the Feb 8, 2005 pre trial. I never had seen or talked to this judge before March 29, 2005. The printed order I received on Feb 8 names no judge.
11. I get rehearing on the motion the next day and have supporting case law that the 10 days start when defendant can be charged with knowledge of who the trial judge is. Judge denies motion.
12. I ask judge to remove himself for cause.
13. Judge says I must file in writing. Judge says I have one hour to have the petition file stamped or he will deny it. Judges are not allowed in Illinois to rule on their Substition for cause. I quickly wrote one up and the supportiing affidavit by hand and had it filed with about 5 minutes to spare.
14. Case has not yet been scheduled to be heard by the Chief Judge.
I have never been in a situation like this.
I believe a reasonable person could and would conclude my judge is biased against me.
What will the Chief Judge want to hear or see? What will he not want to hear?
Is this type of Motion even winnable?
Thanks for any advice