Texas Government Code

Sec. § 75.551
Objection to Judge or Justice Assigned to an Appellate Court


When a judge or justice is assigned to an appellate court under this chapter or Chapter 74 (Court Administration Act):


the order of assignment must state whether the judge or justice is an active, former, retired, or senior judge or justice; and


the person who assigns the judge or justice shall, if it is reasonable and practicable and if time permits, give notice of the assignment to each attorney representing a party to the case that is to be heard in whole or part by the assigned judge or justice.


A judge or justice assigned to an appellate court may not hear a civil case if a party to the case files a timely objection to the assignment of the judge or justice. Except as provided by Subsection (d), each party to the case is entitled to only one objection under this section for that case in the appellate court.


An objection under this section must be filed not later than the seventh day after the date the party receives actual notice of the assignment or before the date the case is submitted to the court, whichever date occurs earlier. The court may extend the time to file an objection under this section on a showing of good cause.


A judge or justice who was defeated in the last primary or general election for which the judge or justice was a candidate for the judicial office held by the judge or justice may not sit in an appellate case if either party objects to the judge or justice.


An active judge or justice assigned under this chapter is not subject to an objection.


For purposes of this section, notice of an assignment may be given and an objection to an assignment may be filed by electronic mail.


In this section, “party” includes multiple parties aligned in a case as determined by the appellate court.
Added by Acts 1997, 75th Leg., ch. 1064, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 315, Sec. 14, eff. Sept. 1, 2003.

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Jun. 7, 2021