John T. Floyd Law Firm
Houston Criminal Lawyer
"Serious Criminal Defense Throughout Texas"
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Trials, Sentencings and Appeals
Federal And State Criminal Defense
Phone # (713) 224-0101
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CODE OF CRIMINAL PROCEDURE CHAPTER 30.
DISQUALIFICATION OF THE JUDGE
Art. 30.01. [552] [617] [606] Causes which disqualify
No judge or justice of the peace shall sit in any case where he may
be the party injured, or where he has been of counsel for the State
or the accused, or where the accused or the party injured may be
connected with him by consanguinity or affinity within the third
degree, as determined under Chapter 573, Government Code.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 9, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1,
1995.
Art. 30.02. [553] [618] [607] District judge disqualified
Whenever any case is pending in which the district judge or criminal
district judge is disqualified from trying the case, no change of
venue shall be made necessary thereby; but the judge presiding
shall certify that fact to the presiding judge of the
administrative judicial district in which the case is pending and
the presiding judge of such administrative judicial district shall
assign a judge to try such case in accordance with the provisions of
Article 200a, V.A.C.S.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 30.07. [558] [624] [611] Justice disqualified
If a justice of the peace be disqualified from sitting in any
criminal action pending before him, he shall transfer the same to
any justice of the peace in the county who is not disqualified to
try the case.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 30.08. [559] [625] [612] Order of transfer
In cases provided for in the preceding Article, the order of
transfer shall state the cause of the transfer, and name the court
to which the transfer is made, and the time and place, when and
where, the parties and witnesses shall appear before such court.
The rules governing the transfer of cases from the district to
inferior courts shall govern in the transfer of cases under the
preceding Article.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
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