Our legal system is based on the principle that an
independent, fair and competent judiciary will interpret and apply the
laws that govern us. The role of the judiciary is central to American
concepts of justice and the rule of law. Intrinsic to the just
adjucication of cases are the precepts that judges, individually and
collectively, must respect and honor the judicial office as a public
trust and strive to enhance and maintain confidence in our legal system.
The judge is an arbiter of facts and law for the resolution of disputes
and a highly visible symbol of government under the rule of law.
Read the Pleadings
In the event that the instant case is not heard
before a jury,
Defendant moves the
court to read, in their entirety, every pleading, and provide all
parties with a finding the facts specially and state its conclusions of
law separately.
Defendant further moves
the court to state its findings and conclusions on the record.
Defendant further moves
the court to adopt the standards contained in Federal Rules of Civil Procedure Rule 58 as advisory and provide Defendant and the State
with an opinion or a memorandum of decision.
Uphold the Integrity and
Independence of the Judiciary
In as much as an independent and honorable judiciary
is indispensable to justice in our society, Defendant moves this court
to participate in establishing, maintaining, and enforcing high
standards of conduct, and personally observe those standards so that the
integrity and independence of the judiciary is preserved in the process
of adjudicating the instant case.
Avoide Impropriety and the
Appearance of Impropriety
Defendant further moves
the court to:
Comply with the law
and act at all times in a manner that promotes public confidence
in the integrity and impartiality of the judiciary.
Refrain from allowing
any relationship to influence judicial conduct or judgment. In
furtherance of this precept, Defendant moves the court to refrain
from:
lending the
prestige of judicial office to advance the private interests
of the judge or others; nor shall a judge convey or permit
others to convey the impression that they are in a special
position to influence the judge.
testifying
voluntarily as a character witness.
knowingly holding
membership in any organization that practices discrimination
prohibited by law.
Perform the Duties of
Judicial Office Impartially and Diligently
Defendant moves the judge to insure that the judicial
duties of this court take precedence over all the judge's other
activities. In the performance of these duties, Defendant moves the
court to apply the following standards as they apply to the judges
adjudicative responsibilities.
Defendant moves the judge
to hear and decide matters assigned to the judge except those in which
disqualification is required or recusal is appropriate.
Defendant moves the judge
to be faithful to the law and shall maintain professional competence
in it, including by meeting all judicial-education requirements set
forth in governing statutes or rules. Defendant moves the judge to not
be swayed by partisan interests, public clamor, or fear of criticism.
Defendant moves the judge
to require order and decorum in proceedings before the judge.
Defendant moves the judge
to be patient, dignified and courteous to litigants, jurors,
witnesses, lawyers and others with whom the judge deals in an official
capacity, and should require similar conduct of lawyers, and of staff,
court officials and others subject to the judge's direction and
control.
Defendant moves the judge
to perform judicial duties without bias or prejudice.
Defendant moves the judge
to not, in the performance of judicial duties, by words or conduct
manifest bias or prejudice, including but not limited to bias or
prejudice based upon race, sex, religion, national origin, disability,
age, sexual orientation or socioeconomic status, and shall not
knowingly permit staff, court officials and others subject to the
judge's direction and control to do so.
Defendant moves the judge
to require lawyers in proceedings before the court to refrain from
manifesting, by words or conduct, bias or prejudice based on race,
sex, religion, national origin, disability, age, sexual orientation or
socioeconomic status against parties, witnesses, counsel or others.
This requirement does not preclude legitimate advocacy when any of
these factors is an issue in the proceeding.
Defendant moves the judge
to accord to every person who has a legal interest in a proceeding, or
that person's lawyer, the right to be heard according to law.
Defendant moves the judge to not initiate, permit, or consider ex parte communications
or other communications made to the judge outside the presence of the
parties between the judge and a party, an attorney, a guardian or
attorney ad litem, an alternative dispute resolution neutral, or any
other court appointee concerning the merits of a pending or impending
judicial proceeding.
Defendant moves the judge
to require compliance with this subsection by court personnel subject
to the judge's direction and control.
Defendant moves the judge
to dispose of all judicial matters promptly, efficiently and fairly.
Defendant moves the judge
to abstain from public comment about a pending or impending proceeding
which may come before the judge's court in a manner which suggests to
a reasonable person the judge's probable decision on any particular
case. This prohibition applies to any candidate for judicial office,
with respect to judicial proceedings pending or impending in the court
on which the candidate would serve if elected. Defendant moves the
judge to require similar abstention on the part of court personnel
subject to the judge's direction and control. This section does not
prohibit judges from making public statements in the course of their
official duties or from explaining for public information the
procedures of the court. This section does not apply to proceedings in
which the judge or judicial candidate is a litigant in a personal
capacity.
Defendant moves the judge
to not disclose or use, for any purpose unrelated to judicial duties,
nonpublic information acquired in a judicial capacity. The
discussions, votes, positions taken, and writings of appellate judges
and court personnel about causes are confidences of the court and
shall be revealed only through a court's judgment, a written opinion
or in accordance with Supreme Court guidelines for a court approved
history project.
Administrative
Responsibilities.
Defendant moves the judge
to diligently and promptly discharge the judge's administrative
responsibilities without bias or prejudice and maintain professional
competence in judicial administration, and should cooperate with other
judges and court officials in the administration of court business.
Defendant moves the judge
to require staff, court officials and others subject to the judge's
direction and control to observe the standards of fidelity and
diligence that apply to the judge and to refrain from manifesting bias
or prejudice in the performance of their official duties.
A judge with supervisory
authority for the judicial performance of other judges Defendant moves
the judge to take reasonable measures to assure the prompt disposition
of matters before them and the proper performance of their other
judicial responsibilities.
Defendant moves the judge
to not make unnecessary appointments. Defendant moves the judge to
exercise the power of appointment impartially and on the basis of
merit. Defendant moves the judge to avoid nepotism and favoritism.
Defendant moves the judge to not approve compensation of appointees
beyond the fair value of services rendered.
Disciplinary
Responsibilities.
In the case of the judge
who receives
information clearly establishing that another judge has committed
a violation of this Code Defendant moves the judge to take
appropriate action.
having knowledge that
another judge has committed a violation of this Code that raises a
substantial question as to the other judge's fitness for office
Defendant moves the judge to inform the State Commission on
Judicial Conduct or take other appropriate action.
If the judge receives
information clearly establishing that a lawyer has committed a
violation of the Texas Disciplinary Rules of Professional Conduct
Defendant moves the judge to take appropriate action.
Where the judge comes into
knowledge that a lawyer has committed a violation of the Texas
Disciplinary Rules of Professional Conduct that raises a substantial
question as to the lawyer's honesty, trustworthiness or fitness as a
lawyer in other respects Defendant moves the judge to inform the
Office of the General Counsel of the State Bar of Texas or take other
appropriate action.
Conducting the Judge's
Extra-Judicial Activities to Minimize the Risk of Conflict with
Judicial Obligations
Extra-Judicial Activities
in General. Defendant moves the judge
to conduct all of the judge's extra-judicial activities so that they
do not:
cast reasonable doubt
on the judge's capacity to act impartially as a judge; or
interfere with the
proper performance of judicial duties.
Civic or Charitable
Activities. If the judge serves as an
officer, director, trustee or non-legal advisor of an educational,
religious, charitable, fraternal, or civic organization not conducted
for the profit of its members, Defendant moves the judge to hold
him/herself subject to the following limitations:
Defendant moves the judge
to not serve if it is likely that the organization will be engaged in
proceedings that would ordinarily come before the judge or will be
regularly or frequently engaged in adversary proceedings in any court.
Defendant moves the judge
to not solicit funds for any educational, religious, charitable,
fraternal or civic organization, but may be listed as an officer,
director, delegate, or trustee of such an organization, and may be a
speaker or a guest of honor at an organization's fundraising events.
Defendant moves the judge
to not give investment advice to such an organization, but may serve
on its board of directors or trustees even though it has the
responsibility for approving investment decisions.
Fiduciary Activities.
Defendant moves the judge
to not serve as executor, administrator or other personal
representative, trustee, guardian, attorney in fact or other
fiduciary, except for the estate, trust or person of a member of the
judge's family, and then only if such service will not interfere with
the proper performance of judicial duties.
Defendant moves the judge
to not serve as a fiduciary if it is likely that the judge as a
fiduciary will be engaged in proceedings that would ordinarily come
before the judge, or if the estate, trust, or ward becomes involved in
adversary proceedings in the court on which the judge serves or one
under its appellate jurisdiction.
The same restrictions on
financial activities that apply to a judge personally also apply to
the judge while acting in a fiduciary capacity.
Service as Arbitrator or
Mediator.
An active full-time judge shall not act as an
arbitrator or mediator for compensation outside the judicial system, but
a judge may encourage settlement in the performance of official duties.
Practice of Law.
Defendant moves the judge to not practice law except
as permitted by statute or this Code. Notwithstanding this prohibition,
a judge may act pro se and may, without compensation, give legal advice
to and draft or review documents for a member of the judge's family.
Extra-Judicial
Appointments.
Except as otherwise provided by constitution and
statute, Defendant moves the judge to not accept appointment to a
governmental committee, commission, or other position that is concerned
with issues of fact or policy on matters other than the improvement of
the law, the legal system, or the administration of justice. A judge,
however, may represent his or her country, state, or locality on
ceremonial occasions or in connection with historical, educational, and
cultural activities.
Refraining from
Inappropriate Political Activity
Defendant moves the court
to refrain from:
making pledges or
promises of conduct in office regarding pending or impending
cases, specific classes of cases, specific classes of litigants,
or specific propositions of law that would suggest to a reasonable
person that the judge is predisposed to a probable decision in
cases within the scope of the pledge;
knowingly or
recklessly misrepresenting the identity, qualifications, present
position, or other fact concerning the candidate or an opponent;
or
making a statement
that would violate Section V above.
Defendant further moves
the court to refrain from authorizing the public use of his or her
name endorsing another candidate for any public office, except that
either may indicate support for a political party.
Defendant moves the judge
to resign from judicial office upon becoming a candidate in a
contested election for a non-judicial office either in a primary or in
a general or in a special election.
Where the judge or
judicial candidate is subject to the Judicial Campaign Fairness Act,
Tex. Elec. Code §253.151, et seq. (the “Act”), Defendant moves the
judge to refrain from knowingly commiting an act for which he or she
knows the Act imposes a penalty.
Respectfully,
_________________________
${Defendant_First} ${member_last}
${member_address}
${member_city}, ${defendant_state} ${member_zip}
${member_email}
Case: ${MEMBER_CASE_NO}
STATE OF TEXAS
VS
${Defendant_First} ${member_last}
§
§
§
§
§
${jurisdiction_name}
County Of ${county}
ORDER
This, the ______day of
__________________, ${current_year} the foregoing motion having been
presented and heard by the Court, it is hereby ORDERED that:
All relief requested is
hereby granted.
__________________________
Judge Presiding
The relief requested is
granted in part as follows:
All relief requested is
DENIED, to which action Defendant excepts.
__________________________
Judge Presiding
VERIFICATION
I,
${Defendant_First} ${member_last}, do
swear and affirm that all statements made herein are true and accurate,
in all respects, to the best of my knowledge.
__________________
${Defendant_First} ${member_last}
${member_address}
${member_city}, ${defendant_state} ${member_zip}
${member_email}
The Person above, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this
document and acknowledged to me that he/she executed the same in his
authorized capacity and that by his signature on this instrument who is
the person who executed this instrument.
I certify under PENALTY
OF PERJURY under the laws of this State
that the foregoing paragraph is true and correct.
I, ${Defendant_First}
${member_last}, hereby certify that a
true and correct copy of above and foregoing has been delivered to
___________________________________________________, on this the ___
day of _____________ ${current_year}, by certified mail (Certified Mail
Receipt # _____ _____ _____ _____ _____), in accordance with the rules
governing same.