Rule 16 — Disqualification or Recusal of Appellate Judges

16.1.  Grounds for Disqualification
The grounds for disqualification of an appellate
court justice or judge are determined by the
Constitution and laws of Texas.
16.2.  Grounds for Recusal
The grounds for recusal of an appellate court
justice or judge are the same as those provided in the
Rules of Civil Procedure.  In addition, a justice or
judge must recuse in a proceeding if it presents a
material issue which the justice or judge participated
in deciding while serving on another court in which
the proceeding was pending.
16.3.  Procedure for Recusal
(a) Motion. A party may file a motion to recuse
a justice or judge before whom the case is
pending.   The motion must be filed promptly
after the party has reason to believe that the
justice or judge should not participate in
deciding the case.
(b) Decision. Before any further proceeding in
the case, the challenged justice or judge must
either remove himself or herself from all
participation in the case or certify the matter
to the entire court, which will decide the
motion by a majority of the remaining judges
sitting en banc. The challenged justice or
judge must not sit with the remainder of the
court to consider the motion as to him or her.
(c) Appeal. An order of recusal is not reviewable,
but the denial of a recusal motion is
reviewable.

Comment to 1997 change: Former Rules 15 and
15a are merged.  Former Rule 15a appears as
subdivision 16.2. For grounds for disqualification,
reference is made to the Constitution and statutes
rather than the Rules of Civil Procedure. The
procedure for disqualification is not specified. The
nature of prior participation in a proceeding that
requires recusal is clarified. Former subdivision (b) of
Rule 15, requiring service of the motion, is omitted as
unnecessary. The remaining subdivisions of former
Rule 15 are contained in subdivision 16.3. Other
changes are made.