Texas Civil Practice & Remedies Code - Section 30.016. Recusal Or Disqualification Of Certain Judges
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 30.016. Recusal Or Disqualification Of Certain Judges
Section: 30.007 30.008 30.009 30.010 30.011 30.012 30.015 30.016 30.017 31.001 31.002 31.0025 31.003 31.004 31.005
§ 30.016. RECUSAL OR DISQUALIFICATION OF CERTAIN
JUDGES. (a) In this section, "tertiary recusal motion" means a
third or subsequent motion for recusal or disqualification filed
against a district court, statutory probate court, or statutory
county court judge by the same party in a case.
(b) A judge who declines recusal after a tertiary recusal
motion is filed shall comply with applicable rules of procedure for
recusal and disqualification except that the judge shall continue
(1) preside over the case;
(2) sign orders in the case; and
(3) move the case to final disposition as though a
tertiary recusal motion had not been filed.
(c) A judge hearing a tertiary recusal motion against
another judge who denies the motion shall award reasonable and
necessary attorney's fees and costs to the party opposing the
motion. The party making the motion and the attorney for the party
are jointly and severally liable for the award of fees and costs.
The fees and costs must be paid before the 31st day after the date
the order denying the tertiary recusal motion is rendered, unless
the order is properly superseded.
(d) The denial of a tertiary recusal motion is only
reviewable on appeal from final judgment.
(e) If a tertiary recusal motion is finally sustained, the
new judge for the case shall vacate all orders signed by the sitting
judge during the pendency of the tertiary recusal motion.
Added by Acts 1999, 76th Leg., ch. 608, § 1, eff. Sept. 1, 1999.
Last modified: August 11, 2007