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6 St. Mary's J. on Legal Malpractice & Ethics 76 (2016)
Judicial Disqualification and Recusal in Criminal Cases

handle is hein.journals/smjmale6 and id is 86 raw text is: ARTICLE Edward L Wilkinson Judicial Disqualification and Recusal in Criminal Cases Abstract. The United States Supreme Court has recognized circumstances in which the probability of judicial bias requiring disqualification or recusal is too high to be constitutionally tolerable. At the same time, the Texas Constitution contains a number of provisions barring a judge from presiding over a case under specific circumstances, while statutes and procedural rules either disqualify a judge or require him or her to be recused. Thus, whether a particular judge may preside over a given criminal case may be questioned under the Due Process Clause, the Texas Constitution, statue, or the rules of procedure. This Article will examine the applicable constitutional, statutory, and procedural rules that determine whether a particular judge may preside over a specific criminal case in Texas. Author. Assistant Criminal District Attorney in the Post-trial Services Section of the Tarrant County District Attorney's Office. A member of the American Law Institute, Edward Wilkinson is board certified in both criminal law and criminal appellate law by the Texas Board of Legal Specialization. He earned a B.A. at Georgetown University, an M.A. in English Literature at the University of North Carolina at Chapel Hill, and a J.D. at the University of Texas at Austin. He has been an ethics speaker at national, state, and local continuing legal education programs sponsored by numerous organizations. 76

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