Rocha v. Ahmad
| Decision Date | 09 November 1983 |
| Docket Number | No. 04-82-00245-CV,04-82-00245-CV |
| Citation | 662 S.W.2d 77 |
| Parties | Thomas ROCHA, Jr., Intervenor, v. M.M. AHMAD et ux., Janet Ahmad, Appellees. |
| Court | Texas Court of Appeals |
This cause was set for oral argument before a panel consisting of Associate Justices Esquivel, Reeves and Tijerina. Appellant has filed a motion "to recuse or disqualify Associate Justices Esquivel and Tijerina."
Appellant's motion is based on the allegations that the two challenged Justices have
[I]n the past, received political contributions of many thousands of dollars from or through the Law Office of Pat Maloney, P.C. (attorney for appellees). Additionally, 'victory' celebrations have been held at the law offices of Pat Maloney for said Justices after they had been elected to the Fourth Court of Appeals. Furthermore, the local newspapers have on numerous occasions during the past four years made reference to the political power and influence of Pat Maloney on judges.
Appellant further alleges that in this case the actions of "Pat Maloney as attorney of record for defendants Ahmad [appellees] and in settling the case without the consent of [appellant], who had previously been attorney of record for [appellees] and who had intervened for his attorney's fees are very much in question."
After asserting that the challenged judges should recuse themselves or be disqualified "in view of the provisions of the Texas Code of Judicial Conduct, Canons 2 and 3", appellant urges that this motion "should not be ruled upon by" this Court "but should be referred to the Supreme Court of Texas, in a manner similar to what is done under art. 200a, V.A.T.S. when a motion to recuse a district judge is filed and the motion is sent to the presiding judge of the Administrative Judicial District."
Canon 2 of the Code of Judicial Conduct provides that (A) a judge should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary; and (B) should not allow his family, social or other relationships to influence his judicial conduct or judgment, nor should he lend the prestige of his office to advance the private interests of others or convey or permit others to convey the impression that they are in a special position to influence him. The only provision of Canon 3 which may be applicable is that which enjoins a judge to be faithful to the law and remain unswayed by partisan interests, public clamor or fear of criticism.
We find nothing in the canons cited by appellant which would require that either Associate Justice Esquivel or Associate Justice Tijerina not sit in this case. This is not a case where the contributions of "many thousands of dollars" were made by a party to the litigation. Under our system, which requires that candidates for judicial office stand for election, it is necessary, unfortunately, that candidates for judicial office seek contributions for the purpose of defraying all or part of the expense of what is, in reality, a political campaign. Such a candidate in a contested race must spend substantial amounts of money, particularly where, as is the case of one seeking election to this appellate bench, he is forced to campaign in 32 counties.
It is not surprising that attorneys are the principal source of contributions in a judicial election. We judicially know that voter apathy is a continuing problem, especially in judicial races and particularly in contests for a seat on an appellate bench. A candidate for the bench who relies solely on contributions from nonlawyers must reconcile himself to staging a campaign on something less than a shoestring. If a judge cannot sit on a case in which a...
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...In River Road Neighborhood Association v. South Texas Sports, Inc., 673 S.W.2d 952 (Tex.App.--San Antonio 1984, no writ), and Rocha v. Ahmad, 662 S.W.2d 77 (Tex.App.--San Antonio 1983, no writ), motions to recuse were filed against appellate justices because they had accepted campaign contr......
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...Ass'n v. South Texas Sports, Inc., 673 S.W.2d 952 (Tex.App.1984). The reasoning of the Texas courts is stated in Rocha v. Ahmad, 662 S.W.2d 77, 78 (Tex.App.1983): that a $500 contribution from a judge to judicial candidates requires recusal of the contributing judge. "Under our system, whic......
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...relationship between contributor and recipient than would ordinarily exist between members of the same local bar."); Rocha v. Ahmad, 662 S.W.2d 77 (Tex.Ct.App.1963) ("A candidate for the bench who relies solely on contributions from nonlawyers must reconcile himself to staging a campaign on......