A Justice of the Peace in my county is refusing to file Minor in Consumption Citations issued Dec. 31 and arising from the same juvenile party because her granddaughter was one of the individuals cited. I have asked her to record the citations, then recuse herself, but she still refuses to cooperate. Any ideas?

Assuming friendly efforts at persuasion and cajoling have failed, Canon 2(A) of the Code of Judicial Conduct requires all Texas judges to "comply with the law", while Canon 2(B) provides that a judge "shall not allow any relationship to influence judicial conduct or judgment." Likewise, Canon 3(B)(5) requires a judge to perform her judicial duties without bias. As we are aware, courts do have authority, under quite limited circumstances, to dismiss a criminal case (generally under chapter 32 of the Code of Criminal Procedure). However, there is scant authority for a judge to refuse to allow a case to be filed. Thus, it may be appropriate to diplomatically remind the JP of the existence of the State Commission on Judicial Conduct and the commission's demonstrated willingness to lower the boom on just about any JP who steps out of line.

If the offenses occured in city limits file in Municipal Court. Filing there first creates Jurisdiction, dumb JP avoided.

Since when does a judge control what is filed? I thought that was the ministerial duty of a clerk. Sounds like obstruction of justice to me.