Two Options: Recuse or Refer
January 30, 2013Just before trial, Victor Enterprises Incorporated (“VEI”) moved for recusal. The trial judge, however, denied the motion as untimely. The case proceeded to trial, and the judge entered a final judgment in favor of Defendant, Clifford Holland. The Court of Appeals reversed the recusal decision and voided the judgment. Turning to the text of TRCP 18a, the Court unequivocally found that “in the event a recusal motion is filed, a trial judge must promptly enter one of two orders which are permitted: recusal or referral.” Because the trial judge denied the motion as untimely, she did not follow either of the two permitted courses. Thus, she did not comply with Rule 18a and abused her discretion.
