In Re Canales

52 S.W.3d 698, 44 Tex. Sup. Ct. J. 407, 2001 Tex. LEXIS 4, 2000 WL 33146426
CourtTexas Supreme Court
DecidedFebruary 1, 2001
Docket99-1268, 99-1307
StatusPublished
Cited by285 cases

This text of 52 S.W.3d 698 (In Re Canales) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Canales, 52 S.W.3d 698, 44 Tex. Sup. Ct. J. 407, 2001 Tex. LEXIS 4, 2000 WL 33146426 (Tex. 2001).

Opinion

Justice ENOCH

delivered the opinion of the Court.

In these consolidated mandamus petitions, we must decide whether real party in interest Cynthia Barrera’s objection to a visiting judge under section 74.053 of the Texas Government Code was timely although not made until after the judge had heard and ruled on pretrial matters in the case. Because we conclude that the statute contemplates that objections be made before the first hearing over which the visiting judge is to preside in a case rather than to a particular assignment order, Barrera’s objection was untimely and the trial court properly rejected it. The court of appeals therefore abused its discretion in conditionally granting Barrera a writ of mandamus.

On April 27, 1999, Barrera sued relators Judge Terry A. Canales and the county of Jim Wells in the 79th Judicial District Court of Jim Wells County. Canales, who is the district judge of that court, accordingly requested that the matter be assigned to another judge. By order of May 24, 1999, the presiding judge of the Fifth Administrative Judicial Region assigned visiting Judge Woody Densen to preside over the 79th District Court in Jim Wells County from May 24, 1999 to May 26, 1999. A separate order dated the same day assigned Judge Densen to preside over the 79th District Court in Brooks County from May 27, 1999 to May 29, 1999.

On May 25, 1999, Judge Densen heard and granted Canales’s motion for a protective order in the underlying case. Two days later, on May 27, Judge Densen conducted a telephone hearing with the parties, in which he denied Barrera’s motion to quash her deposition.

On July 9, 1999, the presiding judge issued another assignment order, this time assigning Judge Densen specifically to preside over the underlying case. On August 13, 1999, Barrera for the first time filed an objection to Judge Densen’s assignment, invoking section 74.053 of the Texas Government Code. Judge Densen overruled her objection on August 20, 1999. That same day, Judge Densen granted Ca-nales’s motion for summary judgment against Barrera and severed the claims against Canales into a separate case. Thereafter, Judge Densen sustained the County’s plea to the jurisdiction and dismissed the ease with prejudice.

Barrera petitioned the court of appeals for a writ of mandamus based on Judge Densen’s refusal to remove himself from the case. The court of appeals concluded that Judge Densen’s authority under the *701 first assignment order expired on May 26 and that the June 9 order was necessary for him to preside further over the case. 1 Because the two assignment orders were distinct, the court reasoned, Barrera’s objection complied with section 74.053’s requirement that objections be filed before the first hearing over which the assigned judge is to preside as long as Judge Den-sen had not taken any action under the second assignment. Thus, the court of appeals instructed Judge Densen to disqualify himself from any further proceedings in the case and declared void the orders he entered after Barrera filed her objection. 2 Canales and the County then sought our review by mandamus.

When we review the grant of a writ of mandamus from the court of appeals, we examine the trial court’s ruling for an abuse of discretion. 3 If the trial court did not abuse its discretion, we must grant the mandamus and direct the court of appeals to vacate its judgment. 4 But we recognize that interpretation of a statute is a question of law over which a trial judge has no discretion. 5

The Court Administration Act, chapter 74 of the Government Code, divides the state into nine administrative judicial regions and empowers the presiding judge of each region to assign visiting judges to the courts in that region. 6 Section 74.053 of that Act allows the parties to a civil case to object to an assigned judge and sets out the procedure for doing so:

(a) When a judge is assigned under this chapter, the presiding judge shall, if it is reasonable and practicable and if time permits, give notice of the assignment to each attorney representing a party to the case that is to be heard in whole or in part by the assigned judge.
(b) If a party to a civil case files a timely objection to the assignment, the judge shall not hear the case....
(c) An objection under this section must be filed before the first hearing or trial, including pretrial hearings, over which the assigned judge is to preside. 7
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If an objection is timely, the assigned judge’s disqualification is automatic. 8 When an assigned judge overrules a timely objection to his assignment, all of the judge’s subsequent orders are void and the objecting party is entitled to mandamus relief. 9 This Court has never before considered whether an objection would be timely in the circumstances presented here.

Canales and the County contend that Barrera waived her objection to Judge Densen because she waited to file it until after he had conducted two pretrial hearings. The statute, they argue, dictates that objections be filed before the *702 assigned judge presides over any matter in the case, independent of the extent of the judge’s authority under a particular assignment order. Otherwise, parties could “test out” a judge and then object if they disagree with the judge’s preliminary rulings. Alternatively, Canales and the County maintain that Judge Densen’s authority under the May 24 assignment order extended to the entire case, so that the June 9 assignment order was superfluous and did not give Barrera another opportunity to object.

Barrera counters that her objection was timely because she filed it before Judge Densen conducted any hearings under the authority of the June 9 assignment order. She argues that Judge Densen’s authority under the first assignment order expired on May 26, and that he had no authority thereafter to act in the case until he received a new assignment. Because a new assignment was necessary, she reasons, a new opportunity to object arose.

To resolve this issue, we turn to section 74.053. When we construe a statute, our primary goal is to ascertain and give effect to the Legislature’s intent in enacting it. 10 If a statute is clear and unambiguous, we need not resort to rules of construction or other aids to construe it. 11 Even then, however, we may consider, among other things, the statute’s objectives, its legislative history, and the consequences of a particular construction. 12

The statute’s plain language convinces us that Canales and the County read it accurately.

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Cite This Page — Counsel Stack

Bluebook (online)
52 S.W.3d 698, 44 Tex. Sup. Ct. J. 407, 2001 Tex. LEXIS 4, 2000 WL 33146426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-canales-tex-2001.