1 Tex. Admin. Code § 155.152

Current through Register Vol. 49, No. 48, November 29, 2024

Section 155.152 - Disqualification or Recusal of Judges

(a) A judge is subject to recusal or disqualification on the same grounds and under the same circumstances as specified in TRCP Rule 18b.

(1) Motion. A motion to recuse or disqualify a judge assigned to a case should:

(A) be made at the earliest practicable time;

(B) be verified, if the motion is in writing;

(C) state with particularity the grounds for the motion; and

(D) be based on personal knowledge and include such facts as would be admissible in evidence, except that facts may be stated on information and belief if the basis for such belief is specifically stated.

(2) Response to motion. Any other party may file or make a statement opposing or concurring with a motion to recuse or disqualify.

(b) If the presiding judge who is the subject of the motion disqualifies or recuses him- or herself based on the motion, the Chief Judge or a designee of the Chief Judge shall assign a different presiding judge to the case.

(c) If the presiding judge who is the subject of the motion does not disqualify or recuse him- or herself from the case, the Chief Judge or a designee of the Chief Judge shall assign another judge to consider and rule on the motion. At the discretion of the assigned judge, a hearing may be held on the motion. If the assigned judge finds that the presiding judge is disqualified or should be recused, the Chief Judge or a designee of the Chief Judge shall assign a different presiding judge to the case.

1 Tex. Admin. Code § 155.152

Adopted by Texas Register, Volume 41, Number 44, October 28, 2016, TexReg 8601, eff. 1/1/2017