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In re Fifty-One Gambling Devices Twenty Six Thousand Eight Hundred Eighty Dollars in United States Currency

This appeal arises from a forfeiture proceeding under article 18.18 of the Code of Criminal Procedure. One of the 10 issues appellant challenges is the denial of his motion to recuse the trial court judge. Under rule 18b(2)(a),(b) of the Texas Rules of Civil Procedure, a judge shall recuse himself in any proceeding in which his impartiality might reasonably be questioned, and he has a personal bias or prejudice concerning the subject matter or a party, or personal knowledge of disputed evidentiary facts concerning the proceeding. Appellant's premise that the judge, as the magistrate, is placed in the position of prosecuting the forfeiture is supported only by his interpretation of article 18.18, and he cites no authority agreeing with his interpretation. Amarillo Court of Appeals, No. 07-08-0068-CV, 09-28-2009

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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

OPINION

This appeal arises from a forfeiture proceeding under article 18.18 of the Code of Criminal Procedure.*fn1 Through ten issues, appellant Mike Lewis*fn2 challenges the trial court’s judgment forfeiting gambling devices, gambling proceeds and other items, and the denial of his motion to recuse the trial court judge. By cross-appeal, the State challenges denial of its request for attorney’s fees and costs by the administrative judge in the recusal proceeding. We affirm the judgment of forfeiture and the denial of Lewis’s recusal motion, and render an order awarding the State attorney’s fees and costs.

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