This section defines a tertiary recusal motion and says that if a judge declines recusal, the judge must keep handling the case; if the motion is denied, fees and costs are awarded and usually paid within 31 days; if the motion is finally sustained, the new judge must vacate orders made during the motion.
Sec. 25.00256. TERTIARY RECUSAL MOTION AGAINST JUDGE. (a) In this section, "tertiary recusal motion" means a third or subsequent motion for recusal or disqualification filed in a case against any statutory probate court judge by the same party. The term includes any third or subsequent motion filed in the case by the same party, regardless of whether that motion is filed against a different judge than the judge or judges against whom the previous motions for recusal or disqualification were filed. (b) A judge who declines recusal after a tertiary recusal motion is filed shall comply with applicable rules of procedure for recusal and disqualification except that the judge shall continue to: (1) preside over the case; (2) sign orders in the case; and (3) move the case to final disposition as though a tertiary recusal motion had not been filed. (c) A judge hearing a tertiary recusal motion against another judge who denies the motion shall award reasonable and necessary attorney's fees and costs to the party opposing the motion. The party making the motion and the attorney for the party are jointly and severally liable for the award of fees and costs. The fees and costs must be paid before the 31st day after the date the order denying the tertiary recusal motion is rendered unless the order is properly superseded. (d) The denial of a tertiary recusal motion is only reviewable on appeal from final judgment. (e) If a tertiary recusal motion is finally sustained, the new judge for the case shall vacate all orders signed by the sitting judge during the pendency of the tertiary recusal motion. Added by Acts 2007, 80th Leg., R.S., Ch. 1297 (S.B. 406), Sec. 2, eff. September 1, 2007.