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PEOPLE v. WALKER

No. 63966.

119 Ill.2d 465 (1988)

519 N.E.2d 890

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DEBORAH ANN WALKER, Appellant.

Supreme Court of Illinois.

Opinion filed February 11, 1988.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, and John J. Hanlon, Assistant Defender, of the Office of the State Appellate Defender, of Springfield, for appellant.

Thomas J. Difanis, State's Attorney, and Chase Leonhard, Assistant State's Attorney, of Urbana, for the People.

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Mark L. Rotert and Joan G. Fickinger, Assistant Attorneys General, of Chicago, of counsel), for amicus curiae Neil F. Hartigan, Attorney General of the State of Illinois.

Joshua Sachs, of Chicago, for amicus curiae Illinois Attorneys for Criminal Justice.

Reversed and remanded.

JUSTICE CLARK delivered the opinion of the court:

For the past 114 years, Illinois law has protected the constitutional right to a fair and impartial trial in criminal cases by providing for the substitution of a judge who is allegedly prejudiced against a defendant. (See Ill. Rev. Stat. 1874, ch. 146, pars. 18 through 21.) Although the procedure for invoking the protections of the automatic-substitution-of-judge statute has varied over...

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