What can we do to get the judge off the bench? 4 Answers as of February 14, 2012

My brother was recently convicted of a DUI even though there was proof the traffic stop had no probable cause. My brother refused the portable breath test, and the FST, so he was arrested and his BAC was tested at the station, where it was just under the legal limit. The arresting officer testified that he pulled my brother over for failing to signal a lane change. However the video clearly showed that he had signaled his lane change. My brother was also perfectly coherent in the video; the officer's only explanation for proceeding with the arrest was that my brother's eyes appeared glazed. Upon seeing the video at the pre-trial hearing, my brother's attorney asked the judge to dismiss the case; the prosecutor made a huge stink in response, and the judge seemed to be in their proverbial pocket, as he refused the request and set the trial date. The attorney then quickly filed a motion for dismissal, but the judge completely ignored it; my brother ended up being convicted. Also of note is that this judge is apparently notorious for having no respect for defendants, as all the seasoned attorneys (both prosecutors and defense lawyers) and other court personnel all have a nickname for this judge. An appeal was not recommended by my brother's attorney, but I'm not sure why. My question is what can I do to get this judge off the bench?

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Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
File a complaint with the Judicial Inquiry Board in the state where this miscarrage of justice occurred. Do not be surprised if your complaint is dimsissed outright. Perhaps a letter to the editor of your local newspapers would be read by enough people who would be disturbed enough to not vote for this judge's retention when he comes up for re-election. Of course, an appeal would be the logical way for your brother to proceed, however be prepared to pay thousands of dollars for a good appellate attorney, and unless there was a GROSS abuse of judgment by the judge, the appeal will be denied. Is it worth this much effort and money to get your point across.
Answer Applies to: Illinois
Replied: 2/14/2012
Brucar & Yetter, P.C.
Brucar & Yetter, P.C. | Wayne Brucar
If the issues you discuss are part of the record, your best course of action would be appeal. There is no way to remove a judge from the bench because you are unhappy with his decision. Your brother had the choice of having his trial before the judge or a jury. He chose a judge. The appellate court is the appropriate forum for discussing errors in the lower court.
Answer Applies to: Illinois
Replied: 2/13/2012
Law Offices of Eric J. Bell | Eric J. Bell
There is very little you can do to try and remove the Judge from the bench. Also I don't know anything about this Judge - ie associate judge; full Circuit; etc. However, if your brother and you strongly feel that the Court made an error (or several errors) - I urge you to appeal.
Answer Applies to: Illinois
Replied: 2/13/2012
Davis & LaScola, Ltd.
Davis & LaScola, Ltd. | Martin S. LaScola
Unfortunately, your options are limited. If the Judge was appointed, all you can do is note your disapproval to your local legislature and follow whatever methods of formal complaint for the particular county involved here - If the Judge was elected (full circuit), next time he/she is up for retention, you have the choice to vote "NO".
Answer Applies to: Illinois
Replied: 2/13/2012
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