Unreported / Non-Citable
Background
Amber Nicole Perez, proceeding pro se, petitioned the Texas Thirteenth Court of Appeals for a writ of mandamus arising from litigation in the 135th District Court of Victoria County. She asked the appellate court to compel Judge Julie Bauknight to vacate an allegedly void order and to prohibit Judge Bauknight from continuing to preside over the underlying case.
Perez also asked the court to direct that all motions be heard and decided by what she described as a properly assigned, competent, and impartial judicial officer. The appellate court had previously addressed an appeal and another mandamus petition arising from the same trial-court case, and Perez had an additional appeal and a separate mandamus proceeding pending or concurrently filed.
The Court’s Holding
The court denied Perez’s petition for writ of mandamus. It explained that mandamus is an extraordinary remedy generally requiring the relator to establish both a clear abuse of discretion by the trial court and the absence of an adequate appellate remedy. Mandamus may also address an order issued beyond a trial court’s jurisdiction because such an order is void from the outset.
After considering Perez’s petition, the record she supplied, and the applicable law, the court concluded that she had not carried her burden to establish entitlement to relief. The memorandum opinion did not find the challenged order void, remove Judge Bauknight, or require reassignment of Perez’s motions.
Key Takeaways
- A mandamus relator ordinarily must show a clear abuse of discretion and no adequate remedy by appeal.
- An order entered beyond a trial court’s jurisdiction may be challenged by mandamus as void, but the relator bears the burden of proving that defect.
- Pro se litigants must satisfy the same burden for extraordinary mandamus relief as other litigants.
Why It Matters
The decision underscores that allegations questioning a trial judge’s authority or impartiality do not, without a sufficient supporting record and legal showing, justify extraordinary appellate intervention. A relator seeking to void an order or prevent a judge from presiding must affirmatively establish the prerequisites for mandamus relief.