Unreported / Non-Citable
Background
James Charles Williams, Jr., acting without counsel, petitioned the Texas Sixth Court of Appeals for a writ of mandamus against Judge John L. Tidwell of the 202nd Judicial District Court of Bowie County. Williams was charged in two cases with impersonating a public servant.
Williams asked the appellate court to direct the trial judge to grant his motion to dismiss counsel and waive his right to counsel. His petition, however, did not comply with several requirements governing the contents and authentication of a mandamus record.
The Court’s Holding
The court denied the petition because Williams failed to supply a procedurally compliant record sufficient to establish his entitlement to mandamus relief. His factual statements were not properly certified and supported by citations to competent evidence in the appendix or record, as required by Texas Rules of Appellate Procedure 52.3(h) and 52.3(k).
Williams also failed to provide certified or sworn copies of every material document filed in the underlying proceedings and of the relevant trial-court order or another document showing the complained-of matter, as required by Rules 52.7(a)(1) and 52.3(l)(1)(B). Because parties assemble the record in an original mandamus proceeding, the court strictly enforced Rule 52’s authentication requirements. It did not reach the merits of Williams’s request to represent himself.
Key Takeaways
- A mandamus relator bears the burden of supplying a record sufficient to demonstrate entitlement to relief.
- Material documents and the challenged trial-court order—or another document showing the complained-of matter—must be submitted as certified or sworn copies.
- The denial rested on procedural and evidentiary-record deficiencies, not a merits ruling on Williams’s effort to dismiss counsel and proceed without counsel.
Why It Matters
The decision underscores that Texas appellate courts strictly enforce Rule 52 in original proceedings, including against pro se litigants. Even a claim involving the right to self-representation cannot obtain mandamus review without authenticated documents and record citations establishing what occurred in the trial court.