- (a) Discretion of Chief Judge. Assignment of judges to cases is at the discretion of the Chief Judge and the Chief Judge's designees and is not subject to request except as provided by subsection (b) of this section.
(b) Disqualification or recusal. On motion of a party or on the judge's own action, a judge is subject to recusal or disqualification on the same grounds and under the same circumstances as specified in TRCP Rule 18b.
(1) Motion. A motion to recuse or disqualify a judge assigned to a case shall:
- (A) be filed at the earliest practicable time;
- (B) be verified;
- (C) state with particularity the grounds for the motion; and
- (D) be made on personal knowledge and include such facts as would be admissible in evidence, except that facts may be stated on information and belief if the basis for such belief is specifically stated.
- (2) Response to motion. Any other party may file a statement opposing or concurring with a motion to recuse or disqualify.
- (c) Judge's inability to continue presiding. If a judge is unable to continue presiding or to issue a proposal for decision after the conclusion of the hearing, the Chief Judge or the Chief Judge's designee may reassign the case to another judge. That judge shall review the existing record and need not repeat previous proceedings, but may conduct further proceedings as necessary.
(d) Assignment of more than one judge. More than one judge may be assigned to a case.
- (1) If more than one judge is assigned to a case, the judges may divide their areas of responsibility.
- (2) Evidentiary and procedural questions ordinarily will be resolved by the judge presiding at the time the issues arise, but may be referred to another judge assigned to the case.
- (e) Temporary assignments. Cases may be temporarily assigned to a single judge or panel of judges to decide regularly occurring threshold issues.
Source Note:The provisions of this §155.151 adopted to be effective November 26, 2008, 33 TexReg 9451.