Opinion
No. 10-17-00285-CV
10-18-2017
IN RE ARTURO SOLIS
Original Proceeding
ORDER
In this original proceeding, Relator Arturo Solis filed a motion to recuse all three members of the court: Chief Justice Tom Gray, Justice Rex Davis, and Justice Al Scoggins. This Court denied the motion to recuse in an Order dated September 20, 2017. On September 29, 2017, Solis filed a motion for reconsideration and rehearing of the order denying his motion for recusal.
This Court reviewed the motion for reconsideration using the same procedure outlined in the September 20 Order. Chief Justice Gray, Justice Davis, and Justice Scoggins each considered the motion and found no reason to recuse himself and, under TEX.R.APP.P. 16.3(b), certified the issue to the entire court. Id.; Manges v. Guerra, 673 S.W.2d 180, 185 (Tex. 1984); McCullough v. Kitzman, 50 S.W.3d 87, 88 (Tex. App.—Waco 2001, order, pet. denied).
The court then decided the motion for reconsideration and rehearing with respect to each challenged justice by a vote of the remaining justices sitting en banc. See McCullough, 50 S.W.3d at 88. No challenged justice sat with the remainder of the court when his challenge was considered. See TEX. R. APP. P. 16.3; Manges, 673 S.W.2d at 185; McCullough, 50 S.W.3d at 88. In each instance, a majority of the remaining justices found that the motion for reconsideration should be denied. The motion for reconsideration and rehearing of the September 20 Order denying Solis's motion for recusal is denied.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Motion denied
Order issued and filed October 18, 2017
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