People v. Williams

This is a direct appeal by the State from a ruling by a judge of the circuit court of Cook County holding section 114 — 5(c) of the recently enacted substitution-of-judge statute unconstitutional (Ill. Rev. Stat. 1987, ch. 38, par. 114 — 5(c) (as amended, effective July 1, 1987)). The statute provides:

“(c) Within 10 days after a cause has been placed on the trial call of a judge the State may move the court in writing for a substitution of that judge on the ground that such judge is prejudiced against the State. Upon the filing of such a motion the court shall proceed no further in the cause…