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action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home4/tmcec1/public_html/wp-includes/functions.php on line 6114One of the guiding principles of the American system of jurisprudence is the idea of an independent and neutral judiciary. In order to ensure the aims of justice and to protect the integrity of the judicial system, all judges must understand the law governing (1) disqualification and (2) recusal. While the terms disqualification and recusal are used interchangeably, such use is a grievous error. If a judge is disqualified under the constitution, he or she is absolutely without jurisdiction in the case, and any judgment rendered by him or her is void, without effect, and subject to collateral attack. The failure of a judge to recuse when recusal is appropriate can constitute a violation of the Code of Judicial Conduct. Failure to recuse may rise to the level of disqualification when it impacts a litigant\u2019s right to due process.<\/p>\n
S.B. 480, passed by the 82nd Legislature and effective June 17, 2011, repealed problematic Government Code Section 29.012 and replaced it with a comprehensive series of procedures located in Subchapter A-1 of Chapter 29 of the Government Code. These new highly detailed laws, adapted from Texas Rule of Civil Procedure 18a, are designed to accommodate all sizes of municipal courts, and strike a balance between uniformity in application of the law and judicial efficiency. The new series of laws can be used in any kind of criminal or civil case in which a municipal court has jurisdiction.<\/p>\n
The text of Subchapter A-1, Chapter 29, Government Code is set out below.<\/strong><\/p>\n Sample orders and letters have been included where necessary. Simply click on the Word icon where it appears to download the SAMPLE order or letter.<\/p>\n Other Resources:<\/p>\n Read the bill summary for S.B. 480<\/a>, printed in the 2011 TMCEC Legislative Update materials.<\/p>\n The grounds for disqualification<\/a> are set out in the Texas Constitution and Article 30.01 of the Code of Criminal Procedure.<\/p>\n The grounds for recusal<\/a> are set out in Texas Rule of Civil Procedure 18b.<\/p>\n Download a chart<\/a> and accompanying commentary<\/a> detailing the new procedures set out in Subchapter A-1.<\/p>\n Download the Bench Book checklist<\/a> detailing the new procedures.<\/p>\n To find your Regional Presiding Judge, visit the Office of Court Administration website<\/a>\u00a0or click here<\/a>.<\/p>\n \n Sec.\u00a029.051. Definitions.\u00a0<\/strong><\/p>\n In this chapter:<\/p>\n Sec.\u00a029.052. Motion for Recusal or Disqualification.<\/strong><\/p>\n Sec.\u00a029.053. Notice.\u00a0<\/strong><\/p>\n A party filing a motion for recusal or disqualification under this subchapter shall serve on all other parties or their counsel:<\/p>\n Sec.\u00a029.054. Statement Opposing or Concurring with Motion.\u00a0<\/strong><\/p>\n A party may file with the clerk of the court a statement opposing or concurring with a motion for recusal or disqualification at any time before the motion is heard.<\/p>\n Sec.\u00a029.055. Procedure Following Filing of Motion; Recusal or Disqualification Without Motion.<\/strong><\/p>\nGovernment Code, Chapter 29, Subchapter A-1\u00a0<\/strong><\/h3>\n
RECUSAL OR DISQUALIFICATION OF MUNICIPAL JUDGES<\/strong><\/span><\/h3>\n