CODE OF CRIMINAL PROCEDURE

CHAPTER 30. DISQUALIFICATION OF THE JUDGE




Art. 30.01. [552] [617] [606] Causes which disqualify                         

No judge or justice of the peace shall sit in any case where he may 
be the party injured, or where he has been of counsel for the State 
or the accused, or where the accused or the party injured may be 
connected with him by consanguinity or affinity within the third 
degree, as determined under Chapter 573, Government Code.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             

Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 9, eff. Aug. 26, 
1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 
1995.




Art. 30.02. [553] [618] [607] District judge disqualified                     

Whenever any case is pending in which the district judge or criminal 
district judge is disqualified from trying the case, no change of 
venue shall be made necessary thereby;  but the judge presiding 
shall certify that fact to the presiding judge of the 
administrative judicial district in which the case is pending and 
the presiding judge of such administrative judicial district shall 
assign a judge to try such case in accordance with the provisions of 
Article 200a, V.A.C.S.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             




Art. 30.07. [558] [624] [611] Justice disqualified                            

If a justice of the peace be disqualified from sitting in any 
criminal action pending before him, he shall transfer the same to 
any justice of the peace in the county who is not disqualified to 
try the case.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             




Art. 30.08. [559] [625] [612] Order of transfer                               

In cases provided for in the preceding Article, the order of 
transfer shall state the cause of the transfer, and name the court 
to which the transfer is made, and the time and place, when and 
where, the parties and witnesses shall appear before such court.  
The rules governing the transfer of cases from the district to 
inferior courts shall govern in the transfer of cases under the 
preceding Article.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.