Mitchell Energy Corp. v. Ashworth

This original mandamus proceeding concerns the construction of Section 74.053 of the Texas Government Code, which allows parties to a lawsuit to object to the assignment of a “former judge or justice who was not a retired judge.” Tex. Gov’t Code § 74.053(d). The primary issue is whether, for the purpose of this statute, the status of a judge as a “former judge ... who was not a retired judge” is fixed when a judge leaves office or when a judge is assigned. We hold that a judge’s status is fixed when a judge leaves office. We conclude that the respondent should have sustained the relator’s…