Defense attorney subpoenas Birkett in judge swap dispute.(News)

Byline: Christy Gutowski Daily Herald Legal Affairs Writer

A local attorney is taking the unusual step of subpoenaing DuPage County State's Attorney Joseph Birkett to appear in court to explain why he keeps moving cases away from a particular judge.

Attorney Donald Ramsell is seeking to order Birkett to appear Thursday and produce a list of all cases in which he has sought the removal of Circuit Judge Perry Thompson - whom Birkett has sharply criticized - within the past 90 days.

The prosecution and defense are allowed to file judge substitutions within 10 days of a new criminal case, but neither side can use that right to systematically thwart the …