Court of Criminal Appeals of Texas

State of Texas ex rel. James Eidson v. Hon. Billy John Edwards, Judge, 104th Judicial District of Texas

June 27, 19901990 Tex. Crim. App. LEXIS 131

Summary

The Court held that the trial judge lacked authority to disqualify the Taylor County Criminal District Attorney and his staff from prosecuting James Edward Clayton because removal of an elected prosecutor is limited to statutory grounds of incompetency, official misconduct, or intoxication; therefore the disqualification order is void and must be withdrawn, with a writ of mandamus available if the trial judge refuses. Justice Teague dissented, arguing that the trial judge did have authority to disqualify the district attorney under the Code of Professional Responsibility, while Judge Berchelmann concurred in the result but cautioned against the majority's broad language equating case‑specific disqualification with removal from office.