Tex. 1st. Admin. Jud. Reg. L. R. 9

As amended through November 19, 2024

Rule 9 - RECUSAL AND DISQUALIFICATION

9.1 These provisions apply to recusals and disqualifications, and "recusal" is used interchangeably unless noted otherwise.

9.2 When a party files a motion to recuse a judge under Texas Rule of Civil Procedure 18a, the clerk of the court must immediately deliver a copy of the motion to the respondent judge and the Presiding Judge.

9.3 Pursuant to Rule 18a(f)(l), a respondent judge has a duty to act on the motion within 3 business days by signing and filing with the clerk, an order of recusal or an order referring the motion to the Presiding Judge. The clerk of the court shall deliver a copy of the signed order to the Presiding Judge.

9.4 The respondent judge must refer the motion, even if the motion does not comply with Rule 18a. If the motion is filed before evidence is offered at trial, the judge may not take any further action in the case until the motion is resolved, except for good cause stated in writing or on the record.

9.5 If the judge signs an order voluntarily recusing, the Presiding Judge will transfer the case to another court in the county with jurisdiction over the subject matter of the case or assign another judge to the case. This rule does not preclude judges from adopting local rules for transfer of cases when no order of recusal is involved.

9.6 If the respondent judge declines to recuse, the Presiding Judge will rule on the referred motion by written order under Rule 18a(g)(3) or assign a judge to rule on the motion. If a hearing is required, the hearing should be conducted as soon as practicable with notice to all parties.

9.7 If the judge hearing the recusal motion grants the motion, the signed order shall be delivered to the Presiding Judge for transfer of the case to another court in the county with jurisdiction or the assignment of another judge to the case. The signed order also must be filed with the clerk of the court, with a copy delivered to the respondent judge.

9.8 Motions for recusal of a Presiding Judge are referred to the Chief Justice of the Supreme Court of Texas for disposition.

Tex. 1st. Admin. Jud. Reg. L. R. 9