One 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’s right to due process.
Subchapter A-1 of Chapter 29 of the Government Code, adapted from Texas Rule of Civil Procedure 18a, is designed to accommodate all sizes of municipal courts, and strike a balance between uniformity in application of the law and judicial efficiency. The series of laws can be used in any kind of criminal or civil case in which a municipal court has jurisdiction.
The text of Subchapter A-1, Chapter 29, Government Code can be found here.
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.
Other Resources:
The grounds for disqualification are set out in the Texas Constitution and Article 30.01 of the Code of Criminal Procedure.
The grounds for recusal are set out in Texas Rule of Civil Procedure 18b.
Download a chart and accompanying commentary detailing the procedures set out in Subchapter A-1.
Download the Bench Book checklist detailing the procedures.
To find your Regional Presiding Judge, visit the Office of Court Administration website or click here.