Opinion
Nos. 01-09-00713-CV, 01-09-00714-CV
Opinion issued August 20, 2009.
Original Proceedings on Petitions for Writs of Mandamus.
Panel consists of Justices HANKS, HIGLEY, and MASSENGALE.
MEMORANDUM OPINION
By petitions for writs of mandamus, relator, Michael W. Elliott, challenges the trial court's August 12, 2009 order denying Elliott's motion to disqualify. The respondent is David Patronella, Justice of the Peace of Harris County.
The underlying case is Ross Reporting, Inc. James A. West v. Michael Elliott, Nos.CV12C005348577 CV12C0085514, in the Justice Court, Precinct 1, Place 2 of HarrisCounty, the Honorable David Patronella, presiding.
Article V, Section 6 of the Texas Constitution specifies the appellate jurisdiction of this Court, and specifies that we "shall have such other jurisdiction, original and appellate, as may be prescribed by law." TEX. CONST. art. V, § 6. Government Code section 22.221 authorizes this Court to issue writs of mandamus (a) when necessary to enforce our jurisdiction or (b) against a judge of a district or county court within our geographical jurisdiction. TEX. GOV'T CODE ANN. § 22.221 (a), (b) (Vernon 2004). Elliott has not claimed or shown that the relief he requests is necessary to enforce our jurisdiction, and we have no independent authority to issue a writ of mandamus against a justice of the peace. E.g., Easton v. Franks, 842 S.W.2d 772, 773-74 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding).
We dismiss these original proceedings for lack of jurisdiction.