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When the presiding judge of a judicial district hears a recusal motion in a criminal matter:

1. may the defendant also move to recuse the presiding judge? I see no provision for such a motion in 18a et seq Rules of Civil Proc?

2. Is the recusal proceeding a civil proceeding neverless governed by all civil rules, specifically are the sanctions of Rule 13 available to the presiding judge of the judicial district in a hearing such as the one described above?

As I found out later:

The answers are no and yes

[This message was edited by BLeonard on 04-21-06 at .]

[This message was edited by BLeonard on 04-21-06 at .]

[This message was edited by BLeonard on 04-23-06 at .]
 
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002Reply With QuoteReport This Post
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