in Re Eric Rollins

• Court: Court of Appeals of Texas
• Decided: May 14, 2009
• Docket: 14-09-00417-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 14, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 14, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00417-CR

IN RE ERIC ROLLINS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On May 6, 2009, relator, Eric Rollins, filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  In his petition, relator requests that we compel the respondent, the Honorable Glenn Chaney, Municipal Court Judge of the City of Webster, to either recuse himself or refer relator=s motion to recuse to the Presiding Judge of the Second Administrative Judicial District in accordance with Rule 18a of the Texas Rules of Civil Procedure.  See Tex. R. Civ. P. 18a (providing procedure for cases in which party files motion to recuse trial judge). 

Section 22.221 of the Texas Government Code governs this court=s mandamus jurisdiction.  Tex. Gov=t Code Ann. ' 22.221.  Section 22.221 expressly limits a court of appeals= mandamus jurisdiction to (1) writs against a judge of a district or county court in the court of appeals= district, and (2) all writs necessary to enforce its jurisdiction.  Tex. Gov=t Code Ann. ' 22.221(b).  Because Judge Chaney is a municipal court judge, not a district or county court judge, we have no authority to issue a writ of mandamus against him unless it is necessary to enforce our jurisdiction.  In re Chang, 176 S.W.3d 451, 452 (Tex. App.CHouston [1st Dist.] 2004, orig. proceeding) (holding court of appeals did not have authority to issue writ of mandamus against municipal court judge unless necessary to enforce its jurisdiction); In re Gonzalez, 04-08-00652-CR, 2008 WL 4425907, at *1 (Tex. App.CSan Antonio Oct. 1, 2008, orig. proceeding) (mem. op.) (same).  Relator has not shown that the exercise of our mandamus authority against Judge Chaney is necessary to enforce our jurisdiction.  Therefore, we have no authority to issue a writ of mandamus against Judge Chaney. 

Accordingly, relator=s petition for writ of mandamus is ordered dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Frost.

Do Not PublishCTex. R. App. P. 47.2(b).