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Fears v. Box1/31/1997
Appellant Helen Fears, as next of kin of Gary Wayne Aderholt, deceased, appeals from a trial court order denying Fears's motion to recuse Judge John R. Roach and sanctioning her attorney for filing the motion. In two points of error, Fears contends that the trial court erred by denying her motion to recuse and by imposing sanctions. Appellees, Terry Box, the Sheriff of Collin County, Texas, and Collin County, Texas, bring a cross-point of error asking this Court to sanction Fears for filing a frivolous appeal. We affirm the trial court's order.
Factual and Procedural Background
On June 19, 1995, Fears sued appellees for the wrongful death of Aderholt, who died while incarcerated in the Collin County Jail. Appellees answered on July 7, 1995, and later filed special exceptions. By letter to Judge Roach, the presiding judge of the 199th Judicial District Court, dated August 24, 1995 and filed on August 28, 1995, Fears's counsel informed the court that he was aware some counties supplement the salaries of their district judges. Counsel stated that he had received conflicting information about whether Collin County did so. If Collin County did supplement district judges' salaries, the letter stated, "then it may be more appropriate for a visiting judge to hear this matter." Counsel also wrote: "Frankly, I would prefer Your Honor to hear this matter but I did want the court to be fully aware of the situation." On August 30, 1995, Judge Roach held a hearing on appellees' special exceptions. The court granted appellees' special exceptions and ordered Fears to replead within thirty days. Our appellate record does not include appellees' special exceptions, Fears's response, or the trial court's order granting the special exceptions.
On September 11, 1995, Fears filed a motion to recuse Judge Roach. Citing rule of civil procedure 18b(2), Fears asserted that Judge Roach's impartiality might reasonably be questioned and that he may have a personal bias or prejudice concerning the subject matter or a party. See Tex. R. Civ. P. 18b(2)(a) & (b). As the reason for the alleged impartiality, Fears cited section 152.0491 of the human resources code. Section 152.0491 provides that Collin County district judges serve as members of the county's juvenile board. Tex. Hum. Res. Code Ann. 152.0491(a) (Vernon 1990). It further provides that the commissioners court "may pay the juvenile board members additional compensation of not more than $6,000 as compensation for the added duties imposed on the members." Tex. Hum. Res. Code Ann. Section(s) 152.0491(c) (Vernon 1990).
Appellees filed a written statement opposing Fears's motion and a motion for sanctions. Appellees asserted that Fears's motion was deficient because it was not timely, not verified, and did not present facts showing that Judge Roach had a bias in favor of Collin County. Appellees further argued that the timing of the motion was "highly suspect." Appellees claimed that it was only after Judge Roach ruled adversely to Fears, by granting appellees' special exceptions on August 30, 1995, that Fears decided to seek the judge's recusal.
On September 18, 1995, Fears filed a verified motion to recuse, asserting the same grounds for recusal found in her original motion. Appellees filed a supplemental statement opposing the motion and again asked for sanctions.
On September 28, 1995, Fears filed her first amended petition "in response to the courts Order dated August 31, 1995, following a Hearing on Defendant's Special Exceptions." On October 2, 1995, appellees requested a hearing on Fears's motion to recuse. The case was assigned to Judge Richard Mays to hear the motion to recuse. Judge Mays held
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