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PEOPLE v. STORMS

No. 73658.

617 N.E.2d 1188 (1993)

155 Ill.2d 498

187 Ill.Dec. 467

The PEOPLE of the State of Illinois, Appellant, v. Earl T. STORMS, Appellee.

Supreme Court of Illinois.

July 22, 1993.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Michael J. Waller, States Atty., Waukegan (Rosalyn B. Kaplan, Sol. Gen., and Terence M. Madsen, Asst. Atty. Gen., Chicago, and Norbert J. Goetten, William L. Browers and Mary Beth Burns, of the Office of the State's Attorney Lake County, Lake County Courthouse, Waukegan, State's Attorneys Appellate Prosecutor, Elgin, of counsel and Anne Marie Allen, law student), Chrtd., Chicago, for the People.

Kralovec, Marquard, Doyle & Gibbons (Nancy Jo Arnold, of counsel), for amicus curiae, Illinois Judges Ass'n.

Office of the State Appellate Defender, Springfield, Joseph M. Williams, St. Charles, for appellee.

Justice McMORROW delivered the opinion of the court:

Rule 63(C)(1) of our Code of Judicial Conduct calls for a judge to disqualify himself in proceedings where his impartiality might reasonably be questioned (134 Ill.2d R. 63(C)(1)), including those instances where the judge formerly "served as lawyer in the matter in controversy" (134 Ill.2d R. 63(C)(1)(b)). In this case, we conclude that the trial court judge was not obligated under Rule 63 to recuse himself from...

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