Standards of Review in Texas Courts
W. W. Hall & Ryan G. Anderson, Standards of Review in Texas, 50 St. Mary’s L.J. 1099 (2019).
REPUBLISHED BY LIT: FEB 3, 2022
Objection to Visiting Trial Judge
When a visiting judge is assigned to a case, the presiding judge is required o give notice to each party’s attorney if it is reasonable and practicable, time permitting.709
If a party to a civil case files a timely objection . . . the judge shall not hear the case.710
An objection 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 first hearing or trial, including pretrial hearings, commences, whichever date occurs earlier, although the presiding judge may extend the time to file an objection on written motion and with good cause.711
An objection to this assignment must be the first matter presented to the visiting judge for a ruling.712
If a party timely objects to the assignment, the judge shall not hear the case.713
In addition, a former judge or justice who was not a retired judge when she left office may not sit in a case if either party objects to the assignment.714
The governing statute is mandatory and does not give the trial court any discretion to rule on the objection.715
The court of appeals will review such a ruling for an abuse of discretion and may do so in a mandamus proceeding.716
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