Texas Supreme Court

Mortimer Joachim, Relators v. Hon. Eugene Chambers, Judge of the 215th District Court of Harris County…

October 16, 1991815 S.W.2d 234

Summary

The Texas Supreme Court granted a writ of mandamus directing the trial court to strike Judge Blanton's testimony and prohibit his use as an expert witness, holding that Canon 2 of the Code of Judicial Conduct bars a retired judge serving by assignment from testifying as an expert. The Court found the trial court abused its discretion in refusing to strike the testimony and concluded that the relators have no adequate remedy on appeal. Justice Gonzalez dissented, arguing that the Code does not prohibit expert testimony and that the mandamus should be denied.