in Re David James ( 2020 )

Opinion issued August 6, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00331-CR
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IN RE DAVID JAMES, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator David James has filed a petition for writ of mandamus challenging the
denial of his motion to recuse the trial judge.1 In particular, relator complains that
his motion was denied without a hearing by the judge assigned to hear the recusal
motion.
1
The underlying case is The State of Texas v. David James, cause number 21,928,
pending in the 12th District Court of Walker County, Texas, the Honorable Olen
Underwood presiding.
This Court’s jurisdiction to issue mandamus relief is governed by Government
Code Section 22.221, which provides that we may issue mandamus relief to enforce
our jurisdiction or against the judge of a district, statutory county, statutory probate
county, or county court in the court of appeals district. See TEX. GOV’T CODE
§ 22.221(a), (b).
Walker County is no longer in the First Court of Appeals District but is instead
in the Tenth Court of Appeals District. See In re McGee, 213 S.W.3d 405, 406 (Tex.
App.—Houston [1st Dist.] 2006, orig. proceeding); TEX. GOV’T CODE §§ 22.201(b),
22.211. The recusal motion was filed in the 12th District Court in Walker County
and the trial judge refused to recuse himself and referred the motion to the Presiding
Judge of the Second Administrative District. To the extent relator seeks relief
against the trial judge, we lack jurisdiction to issue any writs against a judge
presiding in Walker County.
Moreover, the recusal motion was referred to the Honorable Olen Underwood,
Presiding Judge of the Second Administrative Judicial Region, who denied it by
order signed December 31, 2019. This Court lacks jurisdiction over Judge
Underwood because he is not a judge of a district or county court in this Court’s
district. See TEX. GOV’T CODE § 22.221(b). And this is not a mandamus sought to
enforce our jurisdiction. See id. at § 22.221(a). Accordingly, this Court lacks
jurisdiction to consider relator’s petition.
2
We dismiss the petition for lack of jurisdiction. Any pending motions are also
dismissed.
PER CURIAM
Panel consists of Justices Keyes, Kelly and Landau.
Do not publish. TEX. R. APP. P. 47.2(b).
3