Illinois Supreme Court Sinks the ‘Test the Waters’ Doctrine
By Edward Casmere
Bench and Bar,
July 2021
The Illinois Supreme Court recently decided whether the “test the waters” doctrine is a valid basis to deny a party’s motion for substitution of judge under section 2-1001 (a)(2) of the Code of Civil Procedure.
Shakespeare’s cold wisdom—Too early seen unknown, and known too late?
By Edward Casmere
Bench and Bar,
September 2017
The point of this article is not to advocate for a campaign of carpet-bombing legal briefs and arguments with quotes from Shakespeare, but rather to suggest that this giant of the literary world has gifted lawyers with timeless insights that may help us better “suit the action to the word, the word to the action” as we practice our craft.
People v. Jones: Prejudicial remarks in a criminal trial
By Edward Casmere & Eliberty Lopez
Bench and Bar,
December 2016
In People v. Jones, the First District reversed the convictions and ordered a new trial in front of a new judge based on prejudicial comments made by the State and the trial court.
The Second District avoids causing new ripples in the common law “test the waters” doctrine
By Edward Casmere & Kaitlin Klamann
Bench and Bar,
September 2016
While the Illinois appellate courts continue to disagree as to whether the “test the waters” doctrine may serve as a basis for denying a motion for substitution of judge, both the Supreme Court and the Second District have signaled that, when considering a Section 2-1001 motion, trial court judges should consider whether the circumstances indicate that a party is seeking to gain a tactical advantage through gamesmanship and judge-shopping.
Why do pro bono work?
By James A. Clark & Edward Casmere
Bench and Bar,
September 2015
A look at some of the reasons to provide pro bono work.
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