We have a new murder case filed in our court where a significant witness (who probably tampered with some evidence, but has not as yet been charged) has prior CPS history (as a child). Our judge served as the ad litem in that CPS case and has lots of knowledge about her. Does this require our judge to recuse herself from our murder case? She is doing research on her end, but I know that people have run into this before--especially in smaller counties. Thoughts?

I’ve been mulling over your question that past couple of days. I’m also facing a question of recusal of a judge in our small county. Unfortunately, there isn’t an easy answer. Your judge can decide to recuse sua sponte. If judge doesn’t self recuse, and nobody files a motion to recuse, then you probably want everything to be clearly put into the record and all parties should agree that they have no objection to the judge presiding. If either party files a motion to recuse the judge, you’re likely to wind up in a hearing before the regional administrative judge. Then, the regional judge will decide.

Here is a fairly recent appellate opinion that gives a lot of relevant law and resources. Youkers v. State, 400 S.W.3d 200, 206 (Tex. App.—Dallas 2013), petition for discretionary review refused (Aug. 21, 2013). Civil Rules 18a & 18b deal with recusal of judges. These rules are applicable to criminal proceedings as well as civil.

Hope this helps!