We have a case where a probationer (subsequent to the filing of the MTR) has completed all the terms of his probation. Our office is satisfied with his performance and wants to withdraw the MTR.

Our trial judge however has now twice "denied" our Motion to Withdraw the MTR and a Motion to Dismiss the MTR.

At every MTR docket, the judge refuses to sign the States motion and then simply resets the case 30 days.

I am at a loss as to what to do, because he wont actually "call" the case, if he did I would simply present no evidence (however I do fear that the judge on his own accord would begin to question the probation officer).

Any advice?

(Bonus question The same Judge is also refusing to sign a Motion to Withdraw a Juvenile Petition)

Try Taylor v. State, 670 SW2d 365. I believe it was similar to your situation.

Off the top of my head I wonder why you can't just set the case for a hearing and offer no evidence. Then there is nothing upon which the court can base a decision to revoke his supervision. Does that not get you to the same place?

Isn't this like when a judge refuses to sign a motion to dismiss and the state sets the case for trial and presents no evidence?

After refusing to sign a dismissal the judge is not letting the case go to hearing... he is simply resetting the case out 3-4 months over my objection.

how much time is left on the term of probation?

Allow the term of probation to expire on its own terms. Then you can present the standard order terminating community supervision.

Judicial Conduct Commission, this is misconduct. Simple as that.