Fort Worth, TX asked in Criminal Law for Texas

Q: A JUDGE HAS PREVIOUSLY PRESIDED OVER AND SENTENCED AN INDIVIDUAL CAN HE LATER ACT AS A MAGISTRATE JUDGE AND SIGN SEARCH

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John Cucci Jr.
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Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Unless there is a "legal reason" to have the judge recused, then the judge can preside over any case assigned to him/her.

Legal reasons are:

Judge has a personal interest in the case;

Judge had previously acted as a lawyer in the case;

Judge has exhibited clear unfairness in the present case or the previous case;

Other clear reason showing the judge can NOT be impartial.

I hope this helps.

Good Luck!

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