Opinion
07-24-00104-CR
03-27-2024
IN RE JOE MARR WILSON, RELATOR
Do not publish.
ORIGINAL PROCEEDING
Before QUINN, C.J., and PARKER and DOSS, JJ.
MEMORANDUM OPINION
Lawrence M. Doss Justice
On March 25, 2024, Relator Joe Marr Wilson filed his petition for writ of mandamus with this Court seeking our issuance of a writ of mandamus finding that Respondent, the Honorable Ana E. Estevez, in her capacity as Presiding Judge of the Ninth Administrative Judicial Region, abused her discretion by affirming the trial court's order, which paid only part of Relator's requested attorney's fees in relation to his appellate representation in Westmoreland v. State, No. 07-23-00086-CR, 2023 Tex.App. LEXIS 6605 (Tex. App.- Amarillo Aug. 25, 2023, no pet.) (mem. op., not designated for publication). We dismiss the petition for want of jurisdiction.
Our jurisdiction to issue mandamus is limited by statute. See TEX. GOV'T CODE ANN. § 22.221(a), (b). As we noted in dismissing another mandamus petition filed by Relator, his petition challenges Judge Estevez's rulings in her capacity as the presiding regional administrative judge for the Ninth Administrative Region. See In re Wilson, 07-24-00103-CR, 2024 Tex.App. LEXIS ___ (Tex. App.-Amarillo Mar. 26, 2024, orig. proceeding) (mem. op., not designated for publication). We lack authority to issue a writ of mandamus against a judge acting in that capacity. Id. See also In re Hettler, 110 S.W.3d 152, 154 (Tex. App.-Amarillo 2003, orig. proceeding); accord In re Cook, 394 S.W.3d 668, 671 (Tex. App.-Tyler 2012, orig. proceeding) (concluding that the court "lack[ed] mandamus jurisdiction against a regional presiding judge").
Because we lack authority to grant the relief sought by Relator, we dismiss his petition for writ of mandamus, expressing no opinion on the merits.