In Re James Haecker v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledNovember 10, 2026
Docket03-26-00859-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00859-CV
In re James Haecker
ORIGINAL PROCEEDING FROM HAYS COUNTY
ORDER AND MEMORANDUM OPINION
PER CURIAM
Relator James Haecker filed a petition for writ of mandamus and a motion for
emergency stay. See Tex. R. App. P. 52.1, 52.10(a). Relator complains of the trial court’s sua
sponte show cause order entered against him and the September 16, 2026, hearing on the same.
We stayed both the trial court’s show cause order and the hearing.
In his petition, Relator stated that he filed a motion to recuse or disqualify the
Honorable Elaine S. Brown—the trial court judge who issued the sua sponte show cause order
and set the September 16 hearing. While the order is not in the mandamus record, 1 this Court
takes judicial notice that the Presiding Judge of the Third Administrative Judicial Region
assigned the Honorable Linda A. Rodriguez to the case upon the trial court’s referral of Relator’s
1 See In re Lombana, 542 S.W.3d 699, 701 n.1 (Tex. App.—Houston [14th Dist.] 2017,
orig. proceeding) (“Appellate courts may take judicial notice of facts outside the record to
determine their jurisdiction.”).
recusal/disqualification motion. See Tex. R. Civ. P. 18a (providing for the assignment of a new
trial court judge after a party files a motion to recuse or disqualify).
“Mandamus will not issue against a new judge for what a former one did.” In re
Gonzales, 391 S.W.3d 251, 251 (Tex. App.—Austin 2012, orig. proceeding) (quoting In re
Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding)). Because of
this, the Texas Supreme Court has directed courts of appeals to “either deny the petition for
mandamus . . . or abate the proceedings pending considering of the challenged order by the new
trial judge” after the original trial judge’s recusal following the challenged action. In re Blevins,
480 S.W.3d 542, 544 (Tex. 2013) (orig. proceeding).
We conclude the best approach here is to abate. See id. Accordingly, we abate
Relator’s mandamus proceeding until December 18, 2026, to allow the new trial court judge to
reconsider the matters underlying the trial court’s August 28, 2026, Order to Show Cause and
Notice of Sanctions Hearing. Id. at 542. We direct the new trial court judge to “determine
whether the challenged order should remain in effect, be modified, or be set aside, and to render
its own order accordingly.” 2 Id.
The trial court should proceed in accordance with this order and cause its
order on reconsideration of the order to be filed with the clerk of this Court no later than
December 18, 2026.
It is so ordered on November 10, 2026.
2 As in Blevins, the presiding trial court judge “is not limited to considering only
evidence on which the order was based,” if necessary. In re Blevins, 480 S.W.3d at 542.
Before Justices Triana, Crump, and Ellis
Abated
Filed: November 10, 2026