CCA rules on defense attorney refusing to advocate for client.
Don't you wish the Court had indicated more dissapproval of this tactic? This is the second case I know about where this has been done in recent years.

http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=16064

JAS

does it make a difference that the trial court was supposed to have a neutral hearing on the motion to recuse and didn't?

Not commenting on the opinion itself, but a criminal court can rule on a motion to recuse if it fails on procedural grounds. Among other things, a motion must be filed in writing and in advance of trial (10 days, I think). This was filed orally right before trial, so the judge would be able to dismiss it on those grounds without having a hearing.

There are other remedies available to a party refused a ministerial act. File a writ of mandamus. The taken course was unconscionable--something the Court recognizes, maybe, by referring the matter to the SBOT.

JAS

[This message was edited by JAS on 10-17-07 at .]

[This message was edited by JAS on 10-17-07 at .]

true, the judge can knock out an untimely motion to recuse, i guess i was just wondering if the denial of it or not sending it to a neutral judge was the reason the CCA sided with the defense attorney.

It is very significant that the CCA concluded the opinion by ordering the clerk to send a copy to the Disciplinary Board for investigation of defense counsel. That is a very rare order.