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. Under Texas Government
Code §74.053(b), the recusal is mandatory and automatic. Lee v. Bachus, 900
S.W. 2d 390, 392 (Tex. App. – Texarkana 1995, orig. proceeding); Amateur
Athletic Foundation v. Hoffman, 893 S.W. 2d 602, 602-03 (Tex. App. – Dallas
1994, no writ).
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.
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.
