Gill v. Texas Department of Criminal Justice – Case Brief Summary (Texas)

In Gill v. Texas Department of Criminal Justice, 3 S.W.3d 576 (Tex. App.--Houston 1st Dist. 1999, no pet.), the trial judge refused to recuse himself and then referred the matter to the administrative judge, as required by Rule 18a. Gill, 3 S.W.3d at 578.

The administrative judge then assigned the motion to another judge for determination. Id. After the assignment, the recusal movant filed objections to the assigned judge hearing the motion. Id. at 579.

The assigned judge denied the motion to recuse the trial judge without addressing the movant's objections to his own assignment. Id.

On appeal, the movant asserted that the assigned judge was required to disqualify himself pursuant to Texas Government Code section 74.053, which governs peremptory challenges to visiting judges. Id. at 578.

This Court determined that the movant's objections to the assigned judge were governed by the requirements of Rule 18a. Id. at 579.

One of the requirements of Rule 18a is that the motion be verified. Id.

The Court concluded that the motion was not properly verified, even under the less rigid standards afforded prison inmates such as the movant. Id. For this reason, we held that the movant had waived his right to complain of the visiting judge's assignment on appeal. Id.