Opinion
No. 04-16-00556-CV
06-15-2017
From the Probate Court No 2, Bexar County, Texas
Trial Court No. 2015PC2096
Honorable Tom Rickhoff, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Justice Karen Angelini, Justice (not participating) Marialyn Barnard, Justice (not participating) Rebeca C. Martinez, Justice (recused) Patricia O. Alvarez, Justice (not participating) Luz Elena D. Chapa, Justice Irene Rios, Justice
On June 8, 2017, Appellant Veronica Dominguez Evans filed an "Emergency Motion Requesting Leave to Issue Subpoena and Compel Production of Original Documentation From Appellee's Counsel." On June 12, 2017, Evans filed a "First Amended Emergency Motion Requesting Leave to Issue Subpoena and Compel Production of Original Documentation From Appellee's Counsel." In both her original and amended motions, Evans alleges that she has received information from an unnamed third party that two of the three justices sitting on the monitoring panel in this appeal, along with various other individuals, have engaged in ex parte communications about this appeal with appellee's counsel during a lunch at a local restaurant.
The monitoring panel consisting of Justice Angelini, Justice Barnard, and Justice Alvarez has construed Evans's motion as a motion for recusal. Pursuant to Texas Rule of Appellate Procedure 16.3(b), the monitoring panel has certified the matter to the remaining justices sitting en banc. See TEX. R. APP. P. 16.3(b). The remaining justices sitting en banc DENY the motion to recuse Justice Angelini, Justice Barnard, and Justice Alvarez. See id.
No member of this Court has any personal knowledge or information about this alleged incident.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk