Joachim v. Chambers

OPINION

HECHT, Justice.

The issue for us in this original mandamus proceeding is whether a retired district judge who continues to serve as a judicial officer by assignment may testify as an expert witness.1 In the circumstances of this case we hold that he cannot.

I

Relators are plaintiffs in a legal malpractice action pending before respondent in the 215th District Court in Harris County.2 Defendants in that action represented rela-tors in a prior lawsuit in the 11th District Court of Harris County. Relators contend in the pending action that defendants mishandled the settlement of the prior…