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TexCA Rebukes Lawless Willingham Judge

Last October, Austin, Texas District Judge Charlie Baird was proceeding with a "court of inquiry" on the controversial Willingham matter in violation of two Texas laws.  The court of inquiry statute requires a judge calling for the court to refer the matter to the presiding judge for assignment, not proceed to hold the court himself.  A recusal motion by the district attorney was also required by the rules to be referred to the presiding judge.

The Court of Appeals issued a stay halting the circus, as noted here.  Today the court issued its opinion requiring Judge Baird to follow the rules on recusal motions.  CJLF's press release is here.

The recusal motion will probably become moot before it is decided, as Judge Baird will soon be ex-Judge Baird, not a moment too soon.

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