Cause No. ________________ 
STATE OF TEXAS	§	IN THE DISTRICT COURT
	§
V.	§	____ JUDICIAL DISTRICT
	§
LIBER T. ORDEATH	§	DALLAS COUNTY, TEXAS

DEFENDANT’S MOTION FOR RECUSAL OF JUDGE
TO THE HONORABLE _____________, JUDGE OF SAID COURT:
COMES NOW LIBER T. ORDEATH, Defendant, by and through undersigned counsel, and files this Defendant’s Con­stitutional Motion for Recusal of Judge, and would show the Court as follows: 
1)	Defendant was originally charged with the offense of _______________________________.
2)	Such case was filed in the _________________ Court of ________ County, Texas, presided over by Judge ________________________.
3)	[SET OUT FACTUAL BASIS FOR MOTION].
4)	This Motion is brought pursuant to Rule 18(b)(2) of the Texas Rules of Civil Procedure, which states in rele­vant part that, “A judge shall recuse himself in any proceeding in which: (a) his impartiality may reasonably be questioned; [or] (b) he has a personal bias or prejudice concerning the subject matter or a party, or personal knowledge of disputed evidentiary facts concerning the proceeding[.]” See Gaal v. State, No. PD-0516-10 (Tex. Crim. App. 2011). 
5)	Under part (a) of such rule, a judge must be recused where the petitioner demonstrates that the trial Court’s “impartiality may reasonably be questioned.” Rule 18(b)(2)(a) T.R.C.P. Under this standard, Counsel need not prove actual bias or what was actually going through the mind of the trial judge. See id.; see also Litkey v. United States, 510 U.S. 540, 555 (1994). Rather, Counsel need only prove that a reasonable person might question the Court’s impartiality. Id. at footnote 26. 
6)	Additionally, Judge ___________________ should be recused pursuant to part (b) of Rule 18(b)(2) of the Texas Rules of Civil Procedure. Part (b) of T.R.C.P. 18(b)(2) addresses a judge’s impartiality, and, therefore, does hinge on what was in the mind of the judge. Under this section of the statute, recusal is proper where the trial court’s rulings, remarks or actions reveal “such a high degree of favoritism or antagonism as to make fair judgment impossible.” See State v. Gaal at footnote 22 (citing Litkey at 563–4). 
7)	This Motion is also brought under the Fifth Amendment (Due Process Clause), Sixth Amendment (Right to Counsel) and Fourteenth Amendments to the United States Constitution, and Article I §§ 13, 14 and 19 of the Texas Constitution (Due Course of Law).
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court rule in favor of this motion and recuse himself from this case, and reassign this case to another qualified judge, and for all other relief both at law and in equity.
	Respectfully submitted,
	__________________________
	PETER M. BARRETT
	BARRETT BRIGHT LASSITER LINDER PEREZ
	3500 Maple Ave., Suite 400
	Dallas, Texas 75219
	(214) 526-0555
	(214)-526-0551 – fax
ATTORNEY FOR DEFENDANT
STATE OF TEXAS	§
	§
COUNTY OF DALLAS	§

VERIFICATION
On this day personally appeared before me, the undersigned Notary Public, PETER BARRETT, who after being by me duly sworn, stated as follows:
“My name is PETER BARRETT. I am the attorney for LIBER T. ORDEATH, the Defendant in this cause. I have read and fully understand the foregoing Motion for Recusal of Judge. The allegations of fact contained therein are true and correct based upon my information and belief.”

	________________________________
	PETER BARRETT

SWORN TO AND SUBSCRIBED Before me, the undersigned Notary Public on this ____ day of _______________, 20__. 

____________________________
Notary Public in and for
The State of Texas