2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25 - Statutory County Courts › Subchapter B. General Provisions Relating to Statutory Probate Courts › Section 25.00255. Recusal or Disqualification of Judge

Sec. 25.00255.  RECUSAL OR DISQUALIFICATION OF JUDGE.  (a)  Notwithstanding any conflicting provision in the Texas Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil Procedure, apply to the recusal and disqualification of a statutory probate court judge except as otherwise provided by this section or another provision of this subchapter. The presiding judge:
(1)  has the authority and shall perform the functions and duties of the presiding judge of the administrative judicial region under the rules, including the duty to hear or rule on a referred motion of recusal or disqualification or, subject to Subdivisions (2) and (3), assign a judge to hear and rule on a referred motion of recusal or disqualification;
(2)  may assign a presiding judge of the administrative judicial region to hear and rule on a referred motion of recusal or disqualification only with the consent of the presiding judge of the administrative judicial region;
(3)  may not assign a judge of a statutory probate court located in the same county as the statutory probate court served by the judge who is the subject of the motion of recusal or disqualification; and
(4)  if the presiding judge is the subject of the motion of recusal or disqualification, shall sign and file with the clerk an order referring the motion to the chief justice of the supreme court for assignment of a presiding judge of an administrative judicial region, a statutory probate court judge, or a former or retired judge of a statutory probate court to hear and rule on the motion, subject to Subdivisions (2) and (3).
(a-1)  Notwithstanding Rule 18a(h), Texas Rules of Civil Procedure, or any other conflicting provision of the rules, the judge who hears a motion of recusal or disqualification, after notice and hearing, may:
(1)  order the party or attorney who filed the motion, or both, to pay the reasonable attorney's fees and expenses incurred by another party if the judge determines that the motion was:
(A)  groundless and filed in bad faith or for the purpose of harassment; or
(B)  clearly brought for unnecessary delay and without sufficient cause; and
(2)  enjoin the movant from filing other recusal motions in the case without the prior written consent of the presiding judge of the statutory probate courts.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(g)  A judge who recuses himself or herself:
(1)  shall enter an order of recusal and:
(A)  if the judge serves a statutory probate court located in a county with only one statutory probate court, request that the presiding judge assign a judge under Section 25.002201 to hear the case; or
(B)  subject to Subsection (l), if the judge serves a statutory probate court located in a county with more than one statutory probate court, request that the presiding judge order the clerk who serves the statutory probate courts in that county to randomly reassign the case to a judge of one of the other statutory probate courts located in the county; and
(2)  may not take other action in the case except for good cause stated in the order in which the action is taken.
(g-1)  A judge who disqualifies himself or herself:
(1)  shall enter an order of disqualification and:
(A)  if the judge serves a statutory probate court located in a county with only one statutory probate court, request that the presiding judge assign a judge under Section 25.002201 to hear the case; or
(B)  subject to Subsection (l), if the judge serves a statutory probate court located in a county with more than one statutory probate court, request that the presiding judge order the clerk who serves the statutory probate courts in that county to randomly reassign the case to a judge of one of the other statutory probate courts; and
(2)  may not take other action in the case.
(h)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(i)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(i-1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(i-2)  A judge who hears a motion for recusal or disqualification may also hear any amended or supplemented motion for recusal or disqualification filed in the case.
(i-3)  If a motion for recusal or disqualification is granted, the presiding judge shall transfer the case to another court or assign another judge to the case and:
(1)  if the judge subject to recusal or disqualification serves a statutory probate court located in a county with only one statutory probate court, the presiding judge or judge assigned to decide the motion shall enter an order of recusal or disqualification, as appropriate, and request that the presiding judge assign a judge under Section 25.002201 to hear the case; or
(2)  subject to Subsection (l), if the judge subject to recusal or disqualification serves a statutory probate court located in a county with more than one statutory probate court, the presiding judge or judge assigned to decide the motion shall enter an order of recusal or disqualification, as appropriate, and request that the clerk who serves the statutory probate courts in that county randomly reassign the case to a judge of one of the other statutory probate courts located in the county.
(i-4)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(i-5)  A judge assigned to hear a motion for recusal or disqualification is entitled to receive the same salary, compensation, and expenses, and to be paid in the same manner and from the same fund, as a judge otherwise assigned under Section 25.0022.
(j)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1031 , Sec. 37(2), eff. September 1, 2015.
(k)  A party may file a motion for sanctions alleging that another party in the case filed a motion for the recusal or disqualification of a judge solely to delay the case and without sufficient cause.  The presiding judge of the administrative judicial district or the judge assigned to hear the motion for recusal may approve a motion for sanctions authorized by Rule 215.2(b), Texas Rules of Civil Procedure.
(l)  If a clerk of a statutory probate court is unable to reassign a case as requested under Subsection (g)(1)(B), (g-1)(1)(B), or (i-3)(2) because the other statutory probate court judges in the county have been recused or disqualified or are otherwise unavailable to hear the case, the clerk shall immediately notify the presiding judge and request that the presiding judge assign a judge under Section 25.002201 to hear the case.
(m)  The clerk of a statutory probate court shall immediately notify and provide to the presiding judge of the statutory probate courts a copy of an order of recusal or disqualification issued with respect to the judge of the statutory probate court.
Added by Acts 1997, 75th Leg., ch. 1435, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 9.0011, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1297 (S.B. 406), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1206 (S.B. 683), Sec. 3, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 34, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 37(2), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 46, eff. September 1, 2019.