CHAPTER 30. DISQUALIFICATION OF THE JUDGE - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 30. DISQUALIFICATION OF THE JUDGE

Art. 30.01. CAUSES WHICH DISQUALIFY. No judge or justice of the

peace shall sit in any case where he may be the party injured, or

where he has been of counsel for the State or the accused, or

where the accused or the party injured may be connected with him

by consanguinity or affinity within the third degree, as

determined under Chapter 573, Government Code.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 9, eff. Aug. 26,

1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1,

1995.

Art. 30.02. DISTRICT JUDGE DISQUALIFIED. Whenever any case is

pending in which the district judge or criminal district judge is

disqualified from trying the case, no change of venue shall be

made necessary thereby; but the judge presiding shall certify

that fact to the presiding judge of the administrative judicial

district in which the case is pending and the presiding judge of

such administrative judicial district shall assign a judge to try

such case in accordance with the provisions of Article 200a,

V.A.C.S.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 30.07. JUSTICE DISQUALIFIED. If a justice of the peace be

disqualified from sitting in any criminal action pending before

him, he shall transfer the same to any justice of the peace in

the county who is not disqualified to try the case.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Art. 30.08. ORDER OF TRANSFER. In cases provided for in the

preceding Article, the order of transfer shall state the cause of

the transfer, and name the court to which the transfer is made,

and the time and place, when and where, the parties and witnesses

shall appear before such court. The rules governing the transfer

of cases from the district to inferior courts shall govern in the

transfer of cases under the preceding Article.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.