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 [1st 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.
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