ACCUSED OBJECTION TO VISTING JUDGE 3

Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT

                                                            §            

VS.                                                      §          ________________________________________                                                               §                    

____________________________   §           __________________ COUNTY, TEXAS

ACCUSED OBJECTION TO VISTING JUDGE

I, _________________________________, a living man without benefit of counsel, hereinafter known as the Accused, asks the visiting judge of the court to recuse himself.

A. Introduction

1.      The State of Texas has Charged the Accused with an assumed violation of the ____________________________ Code.

2.      The Accused files this motion before the first hearing over which the visiting judge assigned to this case is to preside.

3.      The Accused objects to this case being tried before visiting Judge ________________________.

B. Argument & Authorities

4.      This is the Accused  first challenge to the visiting judge. The Accused is entitled to this objection because the visiting Judge is not a retired judge. See Tex. Gov’t Code §74.053(d); Michell Energy Corp. v. Ashworth, 943 S.W. 2d 436, 437 (Tex. 1997). This is a peremptory objection, and the recusal is mandatory and automatic. Garcia v. Employers Ins., 856 S.W.2d 507, 508 (Tex. App. – Houston [1^st Dist.] 1993, writ denied).

C. Prayer

5.      For these reasons, the Accused asks the visiting Judge of the court to recuse himself and request that the presiding judge of this administrative judicial district assign another judge to this case.

Respectfully submitted,

_________________________________

signature

_________________________________

print name

_________________________________

address

_________________________________

city, state

Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT

                                                            §            

VS.                                                      §          ________________________________________                                                               §                    

____________________________   §           __________________ COUNTY, TEXAS

 

 

ORDER ON ACCUSED MOTION TO RECUSE

On ________________, 201__, the court considered the Accused, _________________________________ motion to recuse. After considering the pleadings, the motion, the response, and the affidavits, the trial judge

AGREES to recuse himself and request that the presiding judge of this administrative judicial district assign another judge to preside over the case.

The trial judge will take no further action in this case pending the ruling on the motion to recuse.

            Signed and entered this                day of                            , 201__.

SEAL

         

                                                            _____________________________

                                                                        PRESIDING JUDGE

                                                                       

Cause No(s). _____________________________

The State of Texas                            §           IN THE _________________________ COURT

                                                            §            

VS.                                                      §          ________________________________________                                                               §                    

____________________________   §          __________________ COUNTY, TEXAS

 

 

ORDER ASSIGNING ACCUSED MOTION TO RECUSE FOR HEARING

On ________________, 201__, the trial judge declined to recuse himself and requested that the presiding judge of this administrative judicial district assign Accused motion to recuse to another judge for hearing. As administrative judge, I assign Judge ________________________ to hear the motion to recuse on the                day of                            , 201__.

            Signed and entered this                day of                            , 201__.

SEAL

         

                                                            _____________________________

                                                                ADMINISTRATIVE JUDGE

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via delivery confirmation, hand delivery or fax on this ______  day of ________________________, 201__.

______________________________________

______________________________________

______________________________________

_________________________________

INSTRUCTIONS

This document was created to get rid of a visiting judge. This is used only if the visiting judge is not a retired judge. Visiting Judges are used as a ringer, because it is hard to find them if you decide to sue for violation you substantive and procedure rights. Remember that any order not signed is a denial of the associated document, this being a Motion to Recuse the Visiting Judge. Always put this motion in if they put a visiting judge. Read it and understand it. It needs to be filed only when you find out the judge is a visiting judge. Take it with you to court.

Line 1: Where you put the cause numbers of the case.

Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 4: Put your name in Upper and Lower Caps.

Line 5: Put whatever county the court is in – like – “Galveston”.

Line 6: Put your name in Upper and Lower Caps.

Line 7: Put in the type of Code that you are charge with like: “Transportation” or “Penal”.

Line 8: Put in name of the visiting judge.

Line 9: Sign your name.

Line 10: Put your name in Upper and Lower Caps.

Line 11: Put in your address.

Line 12: Put in your city and state – put in zipcode if you want.

Line 13: Where you put the cause numbers of the case.

Line 14: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 15: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 16: Put your name in Upper and Lower Caps.

Line 17: Put whatever county the court is in – like – “Galveston”.

Line 18: Leave for the Judge to fill out.

Line 19: Leave for the Judge to fill out.

Line 20: Put your name in Upper and Lower Caps.

Line 21: Leave for the Judge to fill out.

Line 22: Leave for the Judge to fill out.

Line 23: Leave for the Judge to fill out.

Line 24: Where you put the cause numbers of the case.

Line 25: Put either ‘Municipal’, ‘Justice of the Peace’ or County.

Line 26: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)

Line 27: Put your name in Upper and Lower Caps.

Line 28: Put whatever county the court is in – like – “Galveston”.

Line 29: Leave for the Judge to fill out.

Line 30: Leave for the Judge to fill out.

Line 31: Leave for the Judge to fill out.

Line 32: Leave for the Judge to fill out.

Line 33: Leave for the Judge to fill out.

Line 34: Leave for the Judge to fill out.

Line 35: Leave for the Judge to fill out.

Line 36: Leave for the Judge to fill out.

Line 37: Leave for the Judge to fill out.

Line 38: Leave for the Judge to fill out.

Line 39: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.

Line 40: Put the name of the Month that you serve a copy of this document to the prosecutor.

Line 41: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2013 .

Line 42: Put “ Prosecutor for (Whatever Court)

Line 43: Put the street address where the prosecutor will be served.

Line 44: Put the City, State and Zipcode where the Prosecutor will be served.

Line 45: Sign your name, then below print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.