OPINION
ONION, Presiding Judge.
We granted leave to file petitioner’s original application for writ of mandamus, pursuant to Article V, § 5, Texas Constitution, to order a trial judge to vacate his orders recusing another county court at law judge from the trial of a criminal case after the completion of the guilt and penalty stages of the trial in the second judge’s court.
The issue is involved in a highly unusual fact situation — a multi court situation — a real believe it or not with due apologies to Ripley. Collier v. State, 297 S.W.2d 160, 162 (Tex.Cr.App.1957) (Davidson, J., Dissenting Opinion).
The record shows Joe D. Neaves, III was charged with the penal offense of driving while intoxicated in County Court at Law No. 4 of Bexar County in Cause No. 311990. His first1 jury trial in said court on said charge commenced on January 15, 1985. During the trial the court granted Neaves’ motion for mistrial.2 The case was reset for March 4, 1985. On February 27, 1985, Neaves, less than 10 days before the new trial date, filed a motion to recuse Judge Jay Miller, the duly acting and elected judge of County Court at Law No. 4. Said motion referred to the basis for the earlier mistrial, see footnote No. 1, and asserted Judge Miller was guilty at the first trial of “neglect of duty” under Article 2.03, V.A.C.C.P., in permitting the prosecutor to refer to the defendant’s presumption of innocence as “fiction,” alleged “insubstantial grounding of Judge Miller in basic tenets of rudimentary law,” and made reference to the complaint pending before the State Judicial Conduct Commission regarding Judge Miller’s conduct at the first trial filed by counsel for the defendant Neaves.
The recusal motion prayed “the Trial Judge request the Presiding Judge in Be-xar County, Texas, to assign a judge of one of the County Courts at Law of Bexar County, Texas, to hear this motion to re-cuse said Trial Judge from this case, and, upon a hearing grant the defendant’s Motion to Recuse and Disqualify the Trial Judge.”
[473]*473Judge Miller declined to recuse himself, and on the same date, February 27, 1985, a “Case Setting Form” for a hearing on the motion to recuse was filled out setting a hearing on said motion in County Court at Law No. 1 of Bexar County on March 1, 1985. The form was not signed by any judge. It was signed by the prosecutor. The bailiff in County Court at Law No. 4 signed for the defendant adding after his signature “Leo refused to sign” apparently referring to Leo Dougherty, counsel for Neaves.
On February 28, 1985, counsel for Neaves presented a “Motion and Order for Assignment of Defendant’s Motion to Re-cuse or Disqualify Judge” to R. Robert Lozano, Judge of the County Court at Law No. 6 of Bexar County and “acting as Criminal Presiding Court of Bexar County.”
Said motion informed Judge Lozano of the filing of the recusal motion and assignment of the motion to another court and claimed the “Case Setting Form” was a nullity. Judge Lozano as “Judge of the Criminal Presiding Court” was requested to hear the motion to recuse Judge Miller or assign the motion to another county court at law. Judge Lozano set the motion for a hearing in his court on March 12, 1985, and ordered all proceedings in Cause No. 811990 in the County Court of Law No. 4 suspended until disposition of the recusal motion.
The next day, March 1, 1985, Judge Anthony Ferro of County Court at Law No. 1 of Bexar County conducted a hearing on the motion to recuse. The defendant Neaves was not present nor was his lead counsel, Leo Dougherty. It appears co-counsel, Robert Valdez, was asked to step into the courtroom from the hallway as he passed by. Judge Ferro overruled the motion, finding Judge Miller qualified.
Although the record is not as clear as it could be, it appears that on March 4, 1985, the defendant Neaves failed to appear for trial in County Court at Law No. 4. Judge Miller ordered the bond forfeited and Neaves arrested. It appears Neaves was located in his attorney’s office and brought to the courtroom. About this time Neaves’ attorney presented an order to Judge Miller from the Fourth Court of Appeals granting Neaves’ motion for leave to file a petition for writ of prohibition and issuing a Temporary Restraining Order to Judge Miller requiring he take no further judicial action in the cause which might affect the subject matter of the action pending an inquiry into the propriety of the issuance of a writ of prohibition. Neaves was ordered to county jail by Judge Miller and was taken to the Sheriff’s office. It then appears Neaves’ counsel obtained a writ of habeas corpus from the 187th District Court ordering Neaves’ release on bond pending a hearing in that court.3 Neaves was released. Later in the day on March 4, 1985, the Court of Appeals issued an order withdrawing its former action for the want of jurisdiction. It appears that subsequently Judge Miller and Judge Priest of the 187th District Court conferred, and Neaves and his counsel were advised by Judge Priest to be in Judge Miller’s court the next day, March 5, 1985. On that date, the second trial of Neaves commenced in County Court at Law No. 4. Neaves was found guilty by a jury and punishment was assessed by Judge Miller, who presided at the second trial, at 45 days in county jail and a fine of $500.00. Formal sentencing was then deferred to April 19, 1985.
On March 12, 1985, after the completion of the second trial, Judge Lozano of County Court at Law No. 6, conducted a hearing on the motion to recuse Judge Miller which he had previously set. At the hearing Neaves called witnesses as to news stories published during the second trial and at[474]*474tributed by reporters to interviews- with Judge Miller. There was also testimony as to a television interview of Judge Miller while in his robes and in view of the jurors in the second trial, the judge’s conduct prior to holding defense counsel Dougherty in contempt, his conduct with co-counsel Valdez after the adjournment of court on one day during the trial, and his placing certain individuals under the Rule who were not fact witnesses. A transcription of the court reporter’s notes from the first trial indicating the prosecutor’s remark during voir dire examination about the presumption of innocence and the court’s ruling thereon was offered.
Throughout the hearing the State argued Judge Lozano was without jurisdiction to entertain the motion.
At the conclusion of the hearing Judge Lozano made the following oral ruling:
“THE COURT: On this motion, which is cause or case No. 311,990, the Motion and Order For Assignment of Defendant’s Motion To Recuse or Disqualify Judge, I’m going to at this time grant the motion. And I want to state that I’m doing this because it puts me in one hell of a spot to recuse a judge that is on the same level and has the same jurisdiction that I do.
“As to the jurisdiction for the hearing itself, I am going to quote 18a, which says ‘in any court.’ And as to the opening and the mootness of this, I’m going to follow 3712, the first sentence. And that’s going to be the ruling of the Court.
“Now, let me state further, for the record, that there’s no way in the world that I can find in the law books that allows me, as a county judge, to enforce this recusal order, and I’m not going to make any statements about this matter, because I feel sure it’s not through, and that — whatever way, I would have ruled it would be going up, anyway.
“So if that’s it that’s it, but I’m not going to make any statements, because I think this thing has more ramifications than you can shake a stick at. Okay, sir.
“MR. DOUGHERTY: We’ve prepared an order, Your Honor.
“THE COURT: Okay. Somebody better.
“MR. DOUGHERTY: Yes, sir.”
Thereafter the relator filed his original application for writ of mandamus in this Court. Leave to file such application was granted on April 11, 1985, and this Court ordered all further proceedings in Neaves’ criminal case stayed pending final resolution of the said application.
We turn now to the law of disqualification and recusal.
“The common law of disqualification of judges was clear and simple: a judge was disqualified for direct pecuniary interest and for nothing else * * * Blackstone rejected absolutely the possibility that a judge might be disqualified for bias as distinguished from interest * * *.
“In short, English common law practice at the time of the establishment of the American court system was simple in the extreme. Judges disqualified for financial interest. No other qualifications were permitted.”
Interpretive Commentary, Article V, § 11, Texas Constitution. See also 1 R. McDonald, Tex.Civil Practice, § 1.22.1 (1965).
All Texas state constitutions since 1845 have expressly limited the grounds for the disqualification of judges. See Tex. Const., Art. IV, § 14 (1845); Tex. Const., Art. IV, § IV (1861); Tex. Const., Art. IV, § 12 (1866); Tex. Const., Art. V, § 11 of the present Constitution (1876), specifically enumerates the only grounds for disqualification.
Article V, § 11 of the Texas Constitution provides in part:
“No judge shall set in any case wherein he may be interested, or where either of the parties may be connected with him, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when he shall have been counsel in the case.”
[475]*475There are also statutory grounds for disqualification. Article 30.01, V.A.C.C.P.;4 Article 15, V.A.C.S.;5 and Article 2378, V.A.C.S.,6 which in large measure codify the constitutional grounds. See Lee v. State, 555 S.W.2d 131 (Tex.Cr.App.1977).
It has been held that the constitutional grounds of disqualification of judges are exclusive, that is, they specify all the circumstances that forbid a judge to sit. Williams v. State, 492 S.W.2d 522, 524 (Tex.Cr.App.1973); Ex parte Largent, 162 S.W.2d 419 (Tex.Cr.App.1942), cert. den. 317 U.S. 668, 63 S.Ct. 72, 87 L.Ed. 536. See also Taylor v. Williams, 26 Tex. 583, 587 (1863); Galveston & H. Inv. Co. v. Grymes, 94 Tex. 609, 63 S.W. 860, 64 S.W. 778 (1901); Love v. Wilcox, 28 S.W.2d 515, 518 (Tex.1930).7 And in addition to the grounds enumerated by the State Constitution being both inclusive and exclusive, it has been held that mere bias and prejudice are not disabling factors under the Constitution. Chilicote Land Company v. Houston Citizens Bank & Trust Co., 525 S.W.2d 441 (Tex.Civ.App.—El Paso 1975, no writ).
Under this line of cases it was held that when the question of disqualification is raised, the determination of the issue is to be made by the judge sought to be disqualified in the first instance. Slaven v. Wheeler, 58 Tex. 23 (Tex.1882); Kahanek v. Galveston, H. & S.A. Ry. Co., 72 Tex. 476, 10 S.W. 570 (1889). See also Henderson v. Lindley, 75 Tex. 185, 12 S.W. 979 (1889); Benson v. State, 39 Tex.Cr.R. 56, 44 S.W. 167 (1898); Wright v. Sherwood, 37 S.W. 468 (Tex.Civ.App.1896, error ref.); Ferguson v. Chapman, 94 S.W.2d 593 (Tex.Civ.App.—Eastland 1936, writ dismissed).
“It is not necessary under either the Texas Constitution or the Code of Criminal Procedure that the judge, claimed to be disqualified, seek an independent determination of his impartiality in the cause by another judge.” 21 Tex.Jur. 3rd, Crim.Law, § 1863, p. 773; Zima v. State, 553 S.W.2d 378 (Tex.Cr.App.1977).
And it has also been said that a judge is presumed to be qualified until the contrary is shown. Marsh v. Ferguson, 262 S.W. 805 (Tex.Civ.App.—Waco 1924, no writ); Quarles v. Smith, 379 S.W.2d 91 (Tex.Civ.App.—Houston 1964, writ ref’d. n.r.e.). And the contrary can only be shown on a motion to disqualify before that same judge, based on strict constitutional grounds, Quarles v. Smith, supra. In Maxey v. Citizens Nat. Bank of Lubbock, 489 S.W.2d 697 (Tex.Civ.App.1972),8 it was observed that the presumption of integrity accompanying act performed by judge under sanction of official oath cannot be overcome by inference, conjecture or speculation; challenge of disqualification must be by allegations of fact of positive and unequivocal character.
Under this line of cases the question of the constitutional disqualification of the trial judge may be raised at any time. 21 Tex.Jur.3rd, Criminal Law, § 1862, pp. 772-[476]*476773; 33 Tex.Jur.2d, Judges, § 60, and cases there cited.
Against this background came the Code of Judicial Conduct. On September 1, 1974, the Texas Supreme Court adopted such Code. Code of Judicial Conduct, Article 320a-l, V.A.C.S., Title 14, app. 13 (Vernon’s Supp.1980-81), Canon 3(C), a provision for self-recusal entitled “Disqualification” expressly states under what circumstances a judge should excuse himself from the case. The Code thus enlarged the grounds for voluntary “disqualification” by providing in Canon 3(C):
“A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including, but not limited to, instances where:
“(a). He has personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
“(b). He served as a lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
“(c). He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or is a party to the proceedings, or any other interest that could be substantially affected by the outcome of the proceeding....”
Prior to the adoption of the said Code, Texas courts had referred to similar provisions of the American Bar Association’s Canons of Judicial Ethics, but observed such Canons did not at that time have the status of law in Texas. Maxey v. Citizens Nat’l. Bank, 489 S.W.2d 697 (Tex.Civ.App.—Amarillo 1972), rev’d. on other grounds, 507 S.W.2d 722 (Tex.1974); McKnight v. State, 432 S.W.2d 69, 72 (Tex.Cr.App.1968) (footnote # 1).
After the adoption of the Texas Code of Judicial Conduct, the El Paso Court of Civil Appeals in Chilicote Land Company v. Houston Citizens Bank and Trust Company, 525 S.W.2d 941 (Tex.Civ.App.—El Paso 1975, no writ), commented regarding the Code:
“Further, the Code of Judicial Conduct with its Canon 3, subsection c, became effective on September 1, 1974, prior to the entry of the summary judgment. Its adoption by the Supreme Court establishes the rule when a judge now disqualifies he is without power to act for broader reasons than existed heretofore.”
Even after the adoption of the Code, however, a violation of the Code has not necessitated a reversal of judgment. Shapley v. Texas Dept. of Human Resources, 581 S.W.2d 250, 253 (Tex.Civ.App.—El Paso 1979, no writ).
The adoption of the Code was undoubtedly a step towards a concept of fairness, a concept of recusal to be distinguished from the concept of strict constitutional disqualification.
In 1975 Article 30.03 (county judge disqualification) was amended. It provides in part:
“Section 1. When the judge of the county court or county court at law, or of any county criminal court, is disqualified in any criminal case pending in the court of which he is judge, the parties may by consent agree upon a special judge to try such case. If they fail to agree upon a special judge to try such case, on or before the third day of the term at which such case may be called for trial, the practicing attorneys of the court present may elect from among their member a special judge who shall try the case. The election of the special judge shall be conducted in accordance with the provisions of Article 1887, et seq. V.A.C.S.” (Acts 1975, 64th Leg., p. 1191, ch. 448, Sec. 2, eff. June 19, 1975).
It is observed that the statute applies only to county courts and only to criminal cases pending therein. Article 30.02, V.A. C.C.P., has provided since the enactment of the 1965 Code that the fact of disqualification of a district judge shall be certified to [477]*477the Presiding Judge of the Administrative District who shall assign a judge to try the case in accordance with Article 200a, V.A. C.S.
Then in August of 1977 along came the amendment to Article 220a, § 6, V.A.C.S. (Acts 1977, 65th Leg., p. 1060, ch. 389, § 1, eff. Aug. 29, 1977). Buried deep in § 6 is the proviso “a district judge shall request the Presiding Judge9 to assign a judge of the Administrative District to hear any motions to recuse such district judge from a case pending in his court.” (Emphasis supplied.) By express statutory language § 6 applies only to district judges. It appears that a party desiring to have a district judge recuse himself from a case must by motion to recuse request the judge to initiate the recusal procedure.10
In 1979 the Texas Supreme Court in McLeod v. Harris, 582 S.W.2d 772 (Tex.1979), a mandamus action, held the requirements of Article 200a, § 6, were mandatory and a district judge must request the presiding judge to assign a judge to hear any motion to recuse. The opinion points out that statute does not guarantee the disqualification or recusal of the challenged district judge, but only ensures another judge will determine the merits of the motion. In footnote 3 of the said opinion the Court spoke of the constitutional basis for disqualification of a judge (Article V, § 11, Tex. Const.) being “implemented” by Article 15, Y.A.C.S., Article 30.01, V.A.C.C.P., and Canon 3 C of the Texas Code of Judicial Conduct.11
In Robb v. Robb, 605 S.W.2d 390 (Tex.Civ.App.—El Paso, no writ), the trial court was reversed for failing to follow the procedural mandate of Article 200a, § 6, although the alleged ground for recusal was not constitutional. The appellate court reluctantly followed McLeod. The Court wrote:
“These grounds of disqualification (constitutional and statutory) of a judge have long been held to be both inclusive and exclusive ... all of this has now been changed by the Supreme Court’s decision in McLeod v. Harris ... We are bound by that decision and follow it in this case, but we are not precluded from questioning its soundness, for the Constitution cannot be amended by judicial fiat. Or, if we misconstrue the opinion, and bias and prejudice and the Code of Judicial Conduct are not grounds for disqualification of a judge, then what reason is there for mandating a hearing on a motion alleging such cases to re-cuse?” See also The Society of Separationists, Inc. v. Strobel, 593 S.W.2d 855, 856 (Tex.Civ.App.—Austin 1980, no writ). Cf. Wiegand v. Wiegand, 606 S.W.2d 352 (Tex.Civ.App.—San Antonio 1980, no writ).
In River Road Neighborhood Ass’n. v. South Texas Sports, Inc., 673 S.W.2d 952 (Tex.App.—San Antonio 1984, no writ), the Court stated:
“We cannot impute to Justice Barrow an intention to bury in a footnote a hold[478]*478ing that the Constitution may be amended by a code governing the conduct of judges which has been promulgated by the Supreme Court. Clearly, such a holding would require prominent display in the body of the opinion.”
In McClenan v. State, 661 S.W.2d 108, 110 (Tex.Cr.App.1983), the Court of Criminal Appeals held that Article 200a, § 6, V.A.C.S., applies to criminal cases in the absence of any explicit or implicit legislative intent indicating otherwise. There, however, this Court held that though the trial judge erred in not following the statute no bias on the part of the judge was shown from the complete record. The Court held that before the statute comes into play “in criminal cases” an obvious requirement is that the motion to recuse must allege proper grounds upon which the motion could be sought in the first place.
Next, along came the adoption of Rule 18a, Texas Rules of Civil Procedure, which was added by order of June 10, 1980, eff. Jan. 1, 1981. It was later amended by order of December 15, 1983, eff. April 1, 1984. This rule as originally written applied only to district courts. Rule 18a now provides:
“(a) At least ten days before the date set for trial or other hearing in any court other than a Court of Appeals or the Supreme Court, any party may file with the clerk of the court a motion stating grounds why the judge before whom the case is pending should not sit in the case. The grounds may include any disability of the judge to sit in the case.
“(b) On the day the motion is filed, copies shall be served on all other parties or their counsel of record, together with a notice that movant expects the motion to be presented to the judge three days after the filing of such motion unless otherwise ordered by the judge. Any other party may file with the clerk an opposing or concurring statement at any time before the motion is heard.
“(c) Prior to any further proceedings in the case, the judge shall either recuse himself or request the presiding judge of the administrative judicial district to assign a judge to hear such motion. If the judge recuses himself, he shall enter an order of recusal and request the presiding judge of the administrative judicial district to assign another judge to sit, and shall make no further orders and shall take no further action in the case except for good cause stated in the order in which such action is taken.
“(d) If the judge declines to recuse himself, he shall forward to the presiding judge of the administrative judicial district, in either original form or certified copy, an order of referral, the motion, and all opposing and concurring statements. Except for good cause stated in the order in which further action is taken, the judge shall make no further orders and shall take no further action in the case after filing of the motion and prior to a hearing on the motion. The presiding judge of the administrative judicial district shall immediately set a hearing before himself or some other judge designated by him, shall cause notice of such hearing to be given to all parties or their counsel, and shall make such other orders including orders of interim or ancillary relief in the pending cause as justice may require.
“(e) If within ten days of the date set for trial or other hearing a judge is assigned to a case, the motion shall be filed at the earliest practicable time prior to the commencement of the trial or other hearing.
“(f) If the motion is denied, it may be reviewed for abuse of discretion on appeal from the final judgment. If the motion is granted, the order shall not be reviewable, and the presiding judge shall assign another judge to sit in the case.
“(g) The Chief Justice of the Supreme Court may also appoint and assign judges in conformity with this rule and pursuant to Article 200a.”
[479]*479See Rule 18b as applicable to recusal of a justice of the Supreme Court and the Courts of Appeals.12
“Rule 18a ... brings a new dimension to this subject” of judicial recusal. Jack Pope and Steve McConnico, “Practicing Law with the 1981 Texas Rules, 32 Baylor L.Rev. 489, 490 (1980). The rule is clear that at least ten days before the date set for trial or other hearing the party may file a motion stating grounds why the trial judge should not set in the case, and the courts may include any disability of the judge to sit in the case.
Two significant points of the rule should be noted. First, the filing of a recusal motion under the rule abates the power of the judge to act except for “good cause stated” in any order entered. Second, the rule requires the setting out of the grounds for the alleged recusal, but this “may include any disability of the judge in the case.” This would appear to enlarge the permissible scope for removal by the assigned judge beyond the constitutional grounds or the Code of Judicial Conduct.13
With this backdrop we return to the facts of the instant case. Judge Miller of County Court at Law No. 4, where the D.W.I. case was pending, declined to re-cuse himself or to request “the Presiding Judge of Bexar County, Texas” to assign another judge to hear the motion to recuse filed by the defendant Neaves. Thereafter Neaves, on his own, filed a motion asking for assignment of a county court at law judge to hear the motion to recuse Judge Miller. The motion was presented to Judge Lozano, Judge of County Court at Law No. 6, “acting as Criminal Presiding Court of Bexar County.”
Although the D.W.I. prosecution was pending in another court of equal jurisdiction, and there was no order of transfer or referral, or order of reassignment of the cause, Judge Lozano set the motion for hearing in his court 13 days later. He also entered an order suspending all other proceedings in the criminal prosecution in County Court at Law No. 4 pending the “outcome” of the said motion. The orders were signed by Judge Lozano as Judge of County Court at Law No. 6 and as “Judge of the Criminal Presiding Court of Bexar County, Texas.” 14
Judge Miller ignored the suspension order and the D.W.I. case proceeded to trial. After the bifurcated trial had been completed, but before formal sentencing in County Court at Law No. 4, Judge Lozano heard the “recusal” motion. If it can be stated that the “recusal” motion, as originally filed, stated sufficient grounds for disqualification or recusal, the evidence offered did little to support the allegations. The evidence offered generally referred to acts of Judge Miller at the second trial, not to the previous allegations. Judge Lozano granted the recusal motion.
By his answer filed herein the respondent, Judge Lozano, now argues he had the [480]*480authority to hear the recusal motion, and he was compelled to do so by statute and local rules citing Article 1970-75a, §§ 2 and 3, V.A.C.S., and Article 1970-301e.2, § 8, V.A.C.S.
Article 1970-75a, §§ 2 and 3, provides that in January and July of each year the judges of the county courts at law of Bexar County shall select “one” of their number to be “presiding judge.” Such action is to be entered upon the minutes of each court. Such judge may assign and transfer a case from one such court to another and may assign a judge of such court to another case, etc. The judges may also adopt rules, not inconsistent with the Texas Rules of Civil Procedure and the Code of Criminal Procedure. Article 1970-301e.2, § 8, refers to the fact that cases are docketed and filed in the order and manner determined by a majority of the judges of the county courts at law of Bexar County and the judge of the county court.
At the hearing before Judge Lozano the only evidence offered relating to local procedure was an uncertified chart signed only by a “Chief Coordinator” reflecting which courts were designated “Civil Presiding Court” and which courts were designated “Criminal Presiding Court” for the years 1984 and 1985. The chart indicates the schedule was approved “in a general meeting in 1984.” The chart does not indicate a careful compliance with Article 1970-75a. It does show County Court at Law No. 6 was the “Criminal Presiding Court” for February, 1985, but it does not show Judge Lozano was the “presiding judge” for all the said county courts at law on February 28, 1985. No local rules, if any, were introduced nor any testimony concerning the same offered. Thus there is no showing of any local rules, consistent with the Rules of Civil Procedure and the Code of Criminal Procedure, which would authorize Judge Lozano’s actions.
Article 4.16, V.A.C.C.P., provides:
“When two or more courts have concurrent jurisdiction of any criminal offense, the court in which an indictment or complaint shall first be filed shall retain jurisdiction except as provided in Article 4.12.” 15
Certainly Judge Lozano as a judge of a court of equal jurisdiction as that of Judge Miller where the criminal case or offense was pending did not have jurisdiction to recuse Judge Miller. The jurisdiction of Judge Miller’s court was first invoked by the filing of the criminal pleadings, Ex parte Clear, 573 S.W.2d 224 (Tex.Cr.App.1978). Thus, that court obtained sole jurisdiction over the case to exclusion of all other courts, Flores v. State, 487 S.W.2d 122 (Tex.Cr.App.1972), unless another court’s authority over any subject matter in the case can be clearly established.
As has been seen Articles 1970-75a, §§ 2 and 3, and 1970-301e.2, § 8, V.A.C.S., do not furnish a legal basis for Judge Lozano assuming jurisdiction as he did.
Still further, the D.W.I. trial had been completed except formal sentencing before Judge Lozano ordered Judge Miller recused. A question of mootness was thus presented when Judge Lozano acted in a quasi appellate capacity.16 Since the trial had occurred it was impossible to grant the relief requested, that of a trial before a different judge. The issue was moot as no relief was possible. See James v. City of Round Rock, 630 S.W.2d 466 (Tex.App.—Austin 1982, no writ). A court lacks jurisdiction if it lacks the power to render the particular relief awarded or the issue is moot. See Kolsti v. Guest, 576 S.W.2d 892 (Tex.Civ.App.—Tyler 1979, no writ).
[481]*481In announcing his oral decision, Judge stated he was relying upon “18a,” obviously referring to Rule 18a, Texas Rules of Civil Procedure. First, it is not clear that the rule applies to criminal cases. Cf. McClenon v. State, supra, footnote #2.17
Further and most importantly, under the rule that after the trial judge declines to recuse himself the matter shall be referred to the Presiding Judge of the Administrative District, a district judge (Article 200a, Y.A.C.S.). The referral cannot be to another county court at law judge, no matter what his position under local statutes or rules. Rule 18a simply will not support Judge Lozano’s actions.
And as earlier noted, Article 200a, § 6, expressly has application only to district courts, and cannot be used to support Judge Lozano’s position.
We turn now to the question of whether the writ of mandamus is a proper remedy for this type of case. The amendments to Article Y, § 5 of the Texas Constitution, gives this Court jurisdiction to issue, among other things, writs of mandamus in all criminal matters. See Thomas v. Stevenson, 561 S.W.2d 845 (Tex.Cr.App.1978); State ex rel. Vance v. Routt, 571 S.W.2d 908 (Tex.Cr.App.1978); Texas Board of Pardons and Paroles v. Miller, 590 S.W.2d 142 (Tex.Cr.App.1979). The instant D.W.I. prosecution is a criminal matter.
The writ of mandamus is an extraordinary writ, and to justify this extraordinary remedy the petitioner for a writ of mandamus must meet a two-fold test. State ex rel. Vance v. Routt, supra. First, there must be no other adequate legal remedy available to the petitioner. State ex rel. Holmes v. Denson, 671 S.W.2d 896 (Tex.Cr.App.1984). Second, the relief sought must be in the nature of a ministerial act by the respondent, as opposed to a discretionary one. See generally Ordunez v. Bean, 579 S.W.2d 911 (Tex.Cr.App.1979); Texas Board of Pardons and Paroles v. Miller, supra. See also 37 Tex.Jur.2d, Mandamus, § 48.
It has been frequently said the writ of mandamus is available only to those parties who have not an adequate remedy by some form of appeal. Garcia v. Dial, 596 S.W.2d 524 (Tex.Cr.App.1980); White v. Reiter, 640 S.W.2d 586 (Tex.Cr.App.1982) (Opinion on remand); Ex parte Gray, 649 S.W.2d 640 (Tex.Cr.App.1988).
In State ex rel. Vance v. Routt, supra, this Court held that where the State had no right to appeal from a final judgment in a bond forfeiture proceeding, it had “no other adequate remedy to challenge the actions of the trial court.”
In the instant case the State, the petitioner, has no right of appeal from the order entered by the respondent, Judge Lozano. The State further argues the order has placed a cloud on a criminal conviction in which it has a vested interest, and that generally in a criminal case the State has no right of appeal. Article V, § 26, Tex. Constitution; Article 44.01, V.A.C.C.P. The first prong of the two-prong test is satisfied.
The second prong is that mandamus is not available to compel a discretionary as distinguished from a ministerial act. See State ex rel. Vance v. Routt, supra. In this connection we examine the impact of “jurisdiction” on this question.
“Jurisdiction is power to hear and determine the matter in controversy according to established rules of law, and to carry the sentence or judgment of the court into execution (case cited omitted).” 16 Tex.Jur.2d, Crim. Law, § 191; 22 C.J.S., Criminal Law 107. See also 22 Tex.Jur.3rd, Criminal Law, § 1898, p. 25-26.
[482]*482In Williams v. State, 170 S.W.2d 482 (Tex.Cr.App.1943), this Court stated "... jurisdiction means the power of the court to hear and to determine the case.” See also Cleveland v. Ward, 116 Tex. 1, 285 S.W. 1063 (Tex.1926).
In Ex parte Armstrong, 8 S.W.2d 674, 675-676 (Tex.Cr.App.1928), it was stated:
“Jurisdiction may be concisely stated to be the right to adjudicate concerning the subject matter in a given case. * * * Unless the power or authority of a court to perform a contemplated act can be found in the Constitutions or laws enacted thereunder, it is without jurisdiction and its acts without validity.”
“For a court to act, it must have jurisdiction to do so. This is fundamental.” State v. Klein, 154 Tex.Cr.R. 31, 224 S.W.2d 250 (Tex.Cr.App.1949). See also Ex parte Caldwell, 383 S.W.2d 587, 589 (Tex.Cr.App.1964). Any order entered by a court having no jurisdiction is void. Ex parte Sandoval, 318 S.W.2d 64 (Tex.Cr.App.1958). See also Emery v. State, 57 Tex.Cr.R. 423, 123 S.W. 133 (Tex.Cr.App.1909).
“If the court has no jurisdiction, it should proceed no further with the case other than to dismiss it for want of power to hear and determine the controversy. In such a case, any order or decree entered, other than one of dismissal is void.” Hall v. Wilbarger County, 37 S.W.2d 1041, 1046 (Tex.Civ.App.—Amarillo 1931), affirmed 55 S.W.2d 797.
In 55 C.J.S., Mandamus, § 97(b)(2), p. 160, it is written:
“On the other hand, mandamus will be to compel a court to vacate a judgment or decree which it was entirely without jurisdiction to make[18] where there is no adequate remedy by appeal or error or otherwise.”
In 52 Am.Jur.2d, Mandamus, § 309, pp. 636-637, it is stated:
“... if there is no other adequate remedy, the writ will issue to compel a trial judge to set aside an order that is void as a matter of law, or to expunge from the record an order that is in excess of jurisdiction.”
In 52 Am.Jur.2d, Mandamus, § 312, p. 641, it is written:
“A different situation is presented where the want of jurisdiction appears affirmatively on the face of the record, or is otherwise clear as a matter of law. In such case the writ of mandamus will issue to remedy an unauthorized assumption of jurisdiction.”
As demonstrated earlier, Judge Lo-zano’s court was without jurisdiction to entertain Neaves’ motion to recuse Judge Miller or to conduct a hearing and rule thereon. While undoubtedly Judge Lozano acted in good faith, there was no judicial discretion involved. As a ministerial act Judge Lozano should have dismissed the recusal motion when presented. The second prong of the two prong mandamus has been shown. Being without jurisdiction, the order entered after hearing is void and a writ of mandamus may issue to compel vacation of the order or orders entered by Judge Lozano. See State v. Olsen, 360 S.W.2d 398, 399 (Tex.1962); Garcia v. Dial, 596 S.W.2d 524, 528 (Tex.Cr.App.1980).
Even if it could be argued that Judge Lozano’s court had jurisdiction, the issue of recusal had become moot by the time Judge Lozano acted. The only proper order which he could have entered was one of dismissal. See Thomason v. Seale, 53 S.W.2d 764 (Tex.1932), holding the Texas Supreme Court had jurisdiction to direct issuance of a writ of mandamus to compel a District Judge to dismiss an election contest (over which the district court had jurisdiction) after the issue became moot.
The State is entitled to the writ of mandamus.19 We assume that Judge [483]*483Lozano will vacate his orders and will take no further action unless consistent with this opinion. A writ of mandamus will issue only if he does not do so.
It is so ordered.