law-recusal-of-trial-judge

law-recusal | recusing the judge | motion to recuse | automatic disqualification
grounds: impartiality might reasonably be questioned | trial court judge had a personal bias or prejudice
concerning the subject matter or a party. See Tex. R. Civ. P. 18b | TRCP 18a

RECUSAL CASE LAW FROM HOUSTON COURTS OF APPEALS

Cantu v. McKinney (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Higley)(denial of motion to recuse affirmed, pro
se appeals)
Presenting two issues, the Cantus challenge the denial of their motion to recuse the trial court judge and the denial of their motion to
enforce the trial court's judgment. We affirm.
We affirm the presiding judge of the Second Administrative Judicial Region's order denying the Cantus' motion to recuse the trial
court judge, and we affirm the trial court's order denying the "Defendants' Second Amended Motion for Contempt and Sanctions
Against Epernay and Individuals."
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Jennings, Higley and Sharp
01-07-01091-CV Tony Cantu and Elsa Cantu v. Wade McKinney, Jr., Rebecca R. McKinney, et al
Appeal from 129th District Court of Harris County
Trial Court Judge: Hon. Grant Dorfman

Mandamus Granted in Case in Which the Judge Sought to Be Recused Denied the Motion Himself,
Rather than Referring It for Decision by Another Judge
In Re Guilbot (Tex.App.- Houston [14th Dist.] Nov. 3, 2009)(Anderson)(motion to recuse trial judge)
(Judge Wood did not have the option of denying the motion to recuse as untimely).
MOTION OR WRIT GRANTED: Opinion by Justice John Anderson
Before Chief Justice Hedges, Justices Anderson and Boyce
14-09-00595-CV        In Re Miguel Angel Gonzales Guilbot
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Michael James Wood

In Re Stamper (Tex.App.- Houston [14th Dist.] Nov. 3, 2009)(per curiam) (mandamus re recusal denied)
On October 19, 2009, relator, Gordon Allen Stamper, filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann.
§22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator complains of the September 10, 2009 order signed by the
Honorable Olen Underwood, presiding judge of the Second Administrative Judicial Region of Texas, denying relator’s motion to
recuse the Honorable Sharon McCally, presiding judge of the 334th District Court of Harris County, in the underlying suit. Relator
requests that an order be entered recusing Judge McCally from the underlying suit. Relator has not established his entitlement to
the extraordinary relief of a writ of mandamus. Accordingly, we deny relator’s petition for writ of mandamus.
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-09-00884-CV In Re Gordon Allen Stamper
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally

In Re Alam (Tex.App.- Houston [14th Dist.] Oct. 13, 2009)(per curiam)
(mandamus seeking disqualification of trial judge denied)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson and Boyce
14-09-00841-CV In Re Armughan Alam
Appeal from 270th District Court of Harris County
Trial Court Judge: Brent Gamble

Disqualification of judge from asbestos cases denied even though judge's former firm handled similar case: In Re
Wilhite (Tex.App.- Houston [1st Dist.] Sep. 25, 2009)(en banc opinion by Alcala) (mandamus to remove judge on
claim of disqualification denied)(judicial disqualification)(asbestos litigation)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala
Before Justices Jennings, Alcala and Higley
01-09-00387-CV    In Re Edward and Margie Wilhite
Appeal from 11th District Court of Harris County
Dissenting Opinion by Justice Jennings re disqualification of judge from asbestos case

G uilbot v. In the Estate of Gonzalez (Tex.App. - Houston [14th Dist.] Sep. 30, 2008)(Yates)
(recusal order void, signed by judge while motion to recuse was pending)
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Guzman and Brown
14-07-00047-CV        Miguel Angel GonzalezGuilbot, Carlos A. Gonzalez Guilbot, and Maria Rosa Del Arena De
Gonzalez v. In the Estate of Miguel Angel Luis Gonzalez Y Vallejo
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Michael James Wood

Vasquez v. Hildenbrand (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Keyes)
(auto PI, negligence, recusal motion denied)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Taft, Keyes and Alcala
01-06-01067-CV Nancy Vasquez v. Brenda Hildenbrand
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: Hon. Jack Cagle
Generally, judicial remarks during a proceeding that are critical or even hostile to counsel, parties, or their
cases, do not support recusal. Ludlow v. DeBerry, 959 S.W.2d 265, 271 (Tex. App.--Houston [14th Dist.] 1997, no
pet.). "Such remarks may [support recusal] if they reveal an opinion deriving from an extrajudicial source and such
remarks will do so if they reveal such a high degree of favoritism or antagonism as to make fair judgment
impossible." Id.
Having reviewed the recusal hearing record, we do not find that the administrative judge acted arbitrarily or
unreasonably, or without any reference to guiding rules and principles, in denying Vasquez's motion to recuse.
The evidence does not show that the trial court's impartiality might reasonably be questioned or that the trial
court had a personal bias or prejudice concerning the subject matter or a party. See Tex. R. Civ. P. 18b(2)(a)
(b). We overrule Vasquez's eighth issue.

Trial Court should not have made ruling while motion to recuse was pending
Riga v. Commission for Lawyer Discipline (Tex.App.-Houston [1st Dist.] May 10, 2007)(Nuchia)
[recusal motion, order signed while motion pending found void, exception did not apply]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00239-CV Peter J. Riga and Michael Easton v. Commission for Lawyer Discipline
Appeal from 151st District Court of Harris County (Judge Fowler)

Trial Court should not have made ruling while motion to recuse was pending
Riga v. Commission for Lawyer Discipline (Tex.App.-Houston [1st Dist.] May 10, 2007)(Nuchia)
[recusal motion, order signed while motion pending found void, exception did not apply]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00239-CV Peter J. Riga and Michael Easton v. Commission for Lawyer Discipline
Appeal from 151st District Court of Harris County (Judge Fowler)
The court of appeals finds that the trial court judge should have taken no action after referring motion to recuse to the administrative
judge. Order found void. Good cause exception did not apply.
Rather than addressing the jurisdictional issue, the court of appeals reverses the judge's order on the plea to the jurisdiction, and
remands.

Recusal motion was filed with wrong clerk, and was thus not pending when judge ruled
Harris v. Winston (Tex.App.- Houston [1st Dist.] May 24, 2007)(Alcala)
[life insurance proceeds, interpleader, motion to recuse filed with wrong clerk]
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Jennings and Alcala
01-05-00962-CV        William Francis Harris v. Antionette Richardson Winston
Appeal from Probate Court of Galveston County (Judge Hon. Gladys B. Burwell)

In Re Miguel Angel Gonazales Guilbot (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(per curiam)
(recusal of probate judge)
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Fowler and Edelman
14-07-00031-CV        In Re: Miguel Angel Gonazales Guilbot
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Guy S. Herman

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