specially concurring in part and dissenting in part:
I agree with that part of the majority opinion that holds the other 16 plaintiffs have no standing to complain of any error in the denial of the motion for substitution. However, the reasons for my agreement cause me to dissent from that portion of the opinion which reverses the order on the motion for substitution as to plaintiff Zimmer.
When this cause was filed, it was filed with the payment of one filing fee. Only one fee was charged because the plaintiffs — no matter how many individuals — are one party. By filing one complaint, plaintiffs chose to yoke themselves together as one party. As the Civil Code provides:
“All persons may join in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally!,] or in the alternative, whenever if those persons had brought separate actions any common question of law or fact would arise. If upon the application of any party it shall appear that joinder may embarrass or delay the trial of the action, the court may order separate trials or enter any other order that may be expedient. Judgment may be entered for any one or more of the plaintiffs who may be found to be entitled to relief, for the relief to which he or she or they may he entitled.” 735 ILCS 5/2 — 404 (West 2002).
Viewing joined plaintiffs as one party, giving rise to the interpretation that such “one party” is entitled to only one substitution of judge without cause, is supported by the approach used by our supreme court under the old statute regarding peremptory challenges. Peremptory challenges, like substitution of judges, are not creatures of the common law but of statute. Curtis v. Gedman, 338 Ill. App. 463, 472, 87 N.E.2d 865, 869 (1949).
Prior to the enactment of section 2 — 1106 of the Civil Code (735 ILCS 5/2 — 1106 (West 2002)), allowing for peremptory challenges in excess of the maximum for multiple joined parties, the court interpreted the award of peremptory challenges as a number of challenges allowed to each side of a case no matter the number of plaintiffs or defendants occupying a particular side. See North American Restaurant & Oyster House v. McElligott, 227 Ill. 317, 320, 81 N.E. 388, 389 (1907); Schmidt v. Chicago & Northwestern Ry. Co., 83 Ill. 405, 407-08 (1876).
Absent an expression by the legislature of an intent to the contrary, I believe the statute allowing an automatic or no-fault substitution of judge as a matter of right applies to each side, no matter how populous the side may be. To hold otherwise would allow havoc to be wreaked upon the administration of justice. On a case of public interest such as this where delay of the resolution may create a very real injury to the public and the effective administration of government, the majority’s ruling presents an open invitation to mischief. There are approximately 1,000 trial judges in the State of Illinois. If a committed plaintiff attracted 1,001 fellow litigants and each was entitled to a change of judge, the administration of justice would become an endless game of roulette where the wheel forever spins with no winner established.