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    Recusal Order

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    callertimes
    The judge granted the defendant's motion to recuse Judge Jose Longoria from the case. By filing an affidavit responding to the defendant's allegations, Judge Longoria actively participated in the proceedings and challenged his own recusal, demonstrating partiality. As such, the judge found it was not necessary to consider evidence regarding the motion to recuse and that Judge Longoria's impartiality could reasonably be questioned, requiring his recusal from the case. The judge ordered the case be transferred to another court or judge.

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    Recusal Order

    Uploaded by

    callertimes
    2K views2 pages
    The judge granted the defendant's motion to recuse Judge Jose Longoria from the case. By filing an affidavit responding to the defendant's allegations, Judge Longoria actively participated in the proceedings and challenged his own recusal, demonstrating partiality. As such, the judge found it was not necessary to consider evidence regarding the motion to recuse and that Judge Longoria's impartiality could reasonably be questioned, requiring his recusal from the case. The judge ordered the case be transferred to another court or judge.

    Original Description:

    Read the order removing 214th District Judge Jose Longoria from the Hannah Overton case.

    Original Title

    Recusal order

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    The judge granted the defendant's motion to recuse Judge Jose Longoria from the case. By filing an affidavit responding to the defendant's allegations, Judge Longoria actively participated in the proceedings and challenged his own recusal, demonstrating partiality. As such, the judge found it was not necessary to consider evidence regarding the motion to recuse and that Judge Longoria's impartiality could reasonably be questioned, requiring his recusal from the case. The judge ordered the case be transferred to another court or judge.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views2 pages

    Recusal Order

    Uploaded by

    callertimes
    The judge granted the defendant's motion to recuse Judge Jose Longoria from the case. By filing an affidavit responding to the defendant's allegations, Judge Longoria actively participated in the proceedings and challenged his own recusal, demonstrating partiality. As such, the judge found it was not necessary to consider evidence regarding the motion to recuse and that Judge Longoria's impartiality could reasonably be questioned, requiring his recusal from the case. The judge ordered the case be transferred to another court or judge.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    CAUSE NO.

    06-CR-3624-F
    THE STATE OF TEXAS

    vs.
    HANNAH RUTH OVERTON

    IN THE DISTRICT COURT OF


    NUECES COUNTY, TEXAS
    214TH JUDICIAL DISTRICT

    ORDER GRANTING DEFENDANT'S MOTION TO RECUSE


    On October 29, 2014, Defendant, Hannah Ruth Overton, filed her Motion to Recuse
    the Honorable Jose Longoria, Presiding Judge of the 214th Judicial District Court of
    Nueces County, Texas, in this case. On October 30, 2014, the Honorable J. Rolando
    Olvera, Presiding Judge of the Fifth Administrative Judicial Region assigned me to hear
    and consider Defendant's motion to recuse.
    The motion to recuse was immediately set for hearing on November 7, 2014. On
    October 31, 2014, I granted Defendant's first motion for continuance, and the motion was
    reset for hearing on November 12, 2014. On November 3, 2014, Defendant filed her First
    Amended Motion to Recuse. On November 10, 2014, I granted Defendant's second
    motion for continuance, and the motion was reset for hearing on November 25, 2014.
    On November 13, 2014, the State filed its Response to Defendant's Motion to
    Recuse, and attached an affidavit from Judge Jose Longoria, dated November 10, 2014,
    contradicting the allegations made by Defendant in her motion to recuse. The State
    subsequently filed an amended response to the motion to recuse, and again attached
    Judge Longoria's affidavit to the response.
    Texas Rules of Civil Procedure 18a and 18b govern the recusal and disqualification
    of judges. Rule 18a(c)(2) provides as follows:
    (c)

    Response to Motion

    (2)

    By the Respondent Judge. The judge whose recusal or


    disqualification is sought should not file a response to the
    motion.

    In addition, Rule 18a(f)(2)(A) provides, in relevant part, as follows:


    (f)

    Duties of Respondent Judge . ..


    (2)

    Restrictions on Further Action.


    (A)

    Motion Filed Before Evidence Offered at Trial. If a


    motion is filed before evidence has been offered at trial,
    the respondent judge must take no further action in the
    case until the motion has been decided, except for good
    cause stated in writing or on the record.

    By filing an affidavit in this case, it is abundantly clear that Judge Longoria is actively
    participating in these proceedings and actively challenging his recusal. See Blanchard v.
    Krueger, 916 S.W.2nd 15 (Tex. App.-Houston [1st] 1995). The taint of partiality is patently
    evident and cannot be erased or cured by the hearing of evidence. Therefore, I find it not
    necessary to hear evidence on the substance or merits of Defendant's motion to recuse.
    By filing an affidavit in this case, I find that Judge Longoria's impartiality as a judge
    in this case might reasonably be questioned. See Texas Rule of Civil Procedure 18b(b)(1).
    Accordingly, I find that Judge Longoria must be recused in this case.
    Defendant's First Amended Motion to Recuse Judge Jose Longoria is GRANTED.
    IT IS ORDERED that Judge Jose Longoria be and is hereby RECUSED from this
    case.
    The Presiding Judge of the Fifth Administrative Judicial Region is requested to
    transfer this case to another court or assign another Judge to preside over this case. All
    ancillary motions presently pending in this case are referred to the Presiding Judge of the
    Fifth Administrative Judicial Region for his consideration.
    The Clerk of the Court is ORDERED to immediately send a certified copy of this
    Order to the Presiding Judge of the Fifth Administrative Judicial Region. The Clerk of the
    Court is also ORDERED to immediately send copies of this Order to all counsel of record.

    SIGNED on the

    J.,..'f: '(!;.

    day of November, 2014.

    Senior Judge, Presiding by Assignment

    Page 2

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