On April 15 (last thursday) our Court at Law judge summarily dismissed 5 MTR's that were scheduled for hearings. My Assistant was in Court at 9:00 am, but no defense lawyers were present. She told the court coordinator that she was going to go down the hallway and check-in at another court and come right back. I was in court in another county. The court coordinator said go ahead and she would tell the judge. The judge then proceeded to make an ass out of himself and call all 5 cases in a matter of minutes (knowing all the time where the prosecutor was) and dismiss them because a prosecutor wasn't present. He stated in his order that the case was dismiseed because "the failure of the state to be ready and prosecute."

Any suggestions on motion for new trial or appeal would be appreciated.

While these aren't really important cases when considered by themselves, it is time that I get ahold of a budding problem with this judge.

Seems to me you could refile the MTRs, but if your judge simply doesn't want to revoke these probationers, you may just be spinning your wheels...

Shortly before I began in Fort Worth, a County Criminal Court judge did the same thing to a case - the prosecutor was in the hall talking to a witness and the judge dismissed the case. Mandamus granted, cases reinstated. If you want it bad enough, you can make him hear them, but as the previous post said, if he just does not want to grant them...

Call Tarrant County if you want to try the mandamus - I bet Richard Alpert has the cite handy.

I would use the mandamus procedure to keep the judge in line. Prior to filing anything, I would show the judge the case law authorizing you to do so and offer to refile the MTRs instead to allow him to save face. It sounds like you need to establish clear lines of authority and let him know that he needs to adhere his conduct to the law. Otherwise, his conduct will continue in other ways.

I would have to say neither Rule 21 nor art. 44.01 apply to your situation. Thus, your choices are to simply re-file the MTR (no jeopardy or estoppel problem), file a motion for the court to reconsider its disposition of the initial motion; or filing for mandamus in Eastland requesting the judge be ordered to re-instate the dismissed motion(s). Alternative 1 seems by far the quicker, easier route to getting the matter again before the court. Of course, whichever option you choose, a discussion with the judge about the "problem" and how to deal with absence of a prosecutor is called for.