Change of Venue Rural Illinois County

[k9gosnell]

In the following scenario, do you believe a change of venue is warranted to preserve the defendant’s right to a fair and impartial trial?

A defendant with multiple pending cases was previously found unfit after trial via a motion by his public defender, who did not allow the defendant input on the choice of evaluator.

Nearly a year later, the defendant moves to have that public defender removed. One day before the scheduled hearing on that motion, the public defender files a second motion for a fitness evaluation.

On the same day, the defendant files three pro se motions:

For judicial recusal (based on allegations of personal entanglements involving the judge's ex-wife and stepson)

For reassignment of counsel

To compel the release of case files from the public defender

The judge refuses to hear any motions and reassigns the recusal request to another judge, who had previously upheld unlawful detentions of the defendant beyond the 48-hour bond hearing requirement — and responded to the defendant’s challenge with “It’s funny you know that... but that’s not how it works.”

The only other judge in the county is the former state’s attorney who filed the current charges.

Do you believe these facts are sufficient to justify a change of venue outside the county?

Yes – The combination of bias, conflicts of interest, and procedural abuse clearly justifies it
Possibly – More evidence needed, but the pattern is concerning
No – These issues should be addressed within the existing venue
Unsure – Depends on further details

Constitution

 

[Just Blue]

In the following scenario, do you believe a change of venue is warranted to preserve the defendant’s right to a fair and impartial trial?

A defendant with multiple pending cases was previously found unfit after trial via a motion by his public defender, who did not allow the defendant input on the choice of evaluator.

Nearly a year later, the defendant moves to have that public defender removed. One day before the scheduled hearing on that motion, the public defender files a second motion for a fitness evaluation.

On the same day, the defendant files three pro se motions:

For judicial recusal (based on allegations of personal entanglements involving the judge's ex-wife and stepson)

For reassignment of counsel

To compel the release of case files from the public defender

The judge refuses to hear any motions and reassigns the recusal request to another judge, who had previously upheld unlawful detentions of the defendant beyond the 48-hour bond hearing requirement — and responded to the defendant’s challenge with “It’s funny you know that... but that’s not how it works.”

The only other judge in the county is the former state’s attorney who filed the current charges.

Do you believe these facts are sufficient to justify a change of venue outside the county?

Yes – The combination of bias, conflicts of interest, and procedural abuse clearly justifies it
Possibly – More evidence needed, but the pattern is concerning
No – These issues should be addressed within the existing venue
Unsure – Depends on further details

Constitution

Who are you in this situation?

 

[k9gosnell]

I am the defendant

 

[k9gosnell]

I in this scenario do you believe there is enough for a change of venue, a defendant who has numerous cases just got released less than a year ago from being held after trial awaiting sentencing after having been found unfit after trial on a motion from his public defender the defendant was not granted the opportunity to take part in choosing said evaluator the defendant was found unfit sent to the psychiatric hospital returned and sentenced to probation close to a year later he moves to have his public defender removed from his case one day prior to the date to hear the motion of withdrawal the public defender enters a motion for fitness evaluation. On the same day the defendant enters prose emotions 1 for recusal of the judge due to rumors of the defendant having had sexual relations with the judges now ex-wife while they were on a separation and being friends with the judges stepson who the judge has had a rocky relationship with. A motion for to be assigned another attorney any motion to compel the public defender to turn over case files the judge chooses not to hear anything and places the hearing of the motion to recuse on to another judge that judge on at least 2 occasions upheld bond on said defendant in two of his cases when the defendant was held for over 72 hours without a bond hearing when it was required to be held within 48 hours on one such occasion the defendant brought it up and the judge said it's funny you know that…. But that's not how it works. There are only three judges in this county the third judge was the state's attorney at the time that the current charge was filed. I had an AI create me a question from this. I figured that if I found a few places to post it and got some yes's from legal professionals, and other respected people then I could use those to help remove the choice in the matter

 

[adjusterjack]

I have no idea if all of that are grounds for a change of venue to another county.

It is, however, clear that you at least need an attorney from elsewhere. Somebody who isn't fooling around with a judge's wife.

"But, Jack, I don't have the money to pay a private attorney."

Then count on continuing to be railroaded by this kangaroo court.

 

[k9gosnell]

I have no idea if all of that are grounds for a change of venue to another county.

It is, however, clear that you at least need an attorney from elsewhere. Somebody who isn't fooling around with a judge's wife.

"But, Jack, I don't have the money to pay a private attorney."

Then count on continuing to be railroaded by this kangaroo court.

oh this is definitely a kangaroo court, and it wasn't my lawyer that was supposedly having sex with the judges wife.

 

[Zigner]

I had an AI create me a question from this. I figured that if I found a few places to post it and got some yes's from legal professionals, and other respected people then I could use those to help remove the choice in the matter

Anonymous responses to an AI generated question aren't going to help you in the slightest,

 

[quincy]

I in this scenario do you believe there is enough for a change of venue, a defendant who has numerous cases just got released less than a year ago from being held after trial awaiting sentencing after having been found unfit after trial on a motion from his public defender the defendant was not granted the opportunity to take part in choosing said evaluator the defendant was found unfit sent to the psychiatric hospital returned and sentenced to probation close to a year later he moves to have his public defender removed from his case one day prior to the date to hear the motion of withdrawal the public defender enters a motion for fitness evaluation. On the same day the defendant enters prose emotions 1 for recusal of the judge due to rumors of the defendant having had sexual relations with the judges now ex-wife while they were on a separation and being friends with the judges stepson who the judge has had a rocky relationship with. A motion for to be assigned another attorney any motion to compel the public defender to turn over case files the judge chooses not to hear anything and places the hearing of the motion to recuse on to another judge that judge on at least 2 occasions upheld bond on said defendant in two of his cases when the defendant was held for over 72 hours without a bond hearing when it was required to be held within 48 hours on one such occasion the defendant brought it up and the judge said it's funny you know that…. But that's not how it works. There are only three judges in this county the third judge was the state's attorney at the time that the current charge was filed. I had an AI create me a question from this. I figured that if I found a few places to post it and got some yes's from legal professionals, and other respected people then I could use those to help remove the choice in the matter

Responses from random strangers on the internet are not going to help you in court.

From what you have said of the defendant’s (your) relationship with the judge (being involved with the judge’s wife and stepson), there could be good reason for the judge to recuse himself. That said, and if you are looking for votes on your AI-generated questions, I vote for “Unsure - depends on further details.” These details are best discussed with an attorney in Illinois who you hire to review the matter and represent you in any additional court hearings.

 

[zddoodah]

My answer is no, but I don't believe anyone here is a criminal defense attorney in Illinois, and that's the only person who can give you a reliable answer.

 

[quincy]

Here are links to the Illinois Code of Judicial Conduct (see Canon 2), and a link to illustrative cases from Illinois on venue and jurisdiction:

https://jib.illinois.gov/code.html

https://osad.illinois.gov/content/d...t-by-chapter/ch-52-venue-and-jurisdiction.pdf

You can take from these what you want but the advice is to seek out an Illinois attorney for legal assistance.

 

[k9gosnell]

Anonymous responses to an AI generated question aren't going to help you in the slightest,

The statutes the govern recusal and change of venue state that all the is required is that a reasonable person could believe that there is a possibility of bias, so bring to court a compilation of random citizens beliefs that there is reason for change and the stating the statute in open court would cause any denial of the change to show as bias and to a group of people

 

[quincy]

The statutes the govern recusal and change of venue state that all the is required is that a reasonable person could believe that there is a possibility of bias, so bring to court a compilation of random citizens beliefs that there is reason for change and the stating the statute in open court would cause any denial of the change to show as bias and to a group of people

That’s not how it works.