Former judge seeks McCampbell’s recusal in case

Posted 9/16/21

District Judge Brad McCampbell has been asked to recuse himself from the upcoming trial of Jerry Lee Cotten. Cotten has been charged with theft more than $750 and less than $2,500.

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Former judge seeks McCampbell’s recusal in case

Posted

District Judge Brad McCampbell has been asked to recuse himself from the upcoming trial of Jerry Lee Cotten. Cotten has been charged with theft more than $750 and less than $2,500.

Cotten’s attorney is former 402nd District Judge Jeff Fletcher who ran against McCampbell and won in the 2016 election. McCampbell then defeated Fletcher in 2020.

In the filing it states, “In this case the trial judge, the Hon. J. Brad McCampbell should be recused from presiding over this case: the trial judge’s impartiality is reasonably in doubt. Specifically, the trial judge has made public comments that were published in the county newspaper, on social media and in other political publications. These comments and accusations asserted by the judge establish that he would be unable to provide a fair and impartial hearing to Respondent due to his personal bias, misguided opinion and belief regarding the credibility of Respondent’s counsel. Rule 18b(2) of the Texas Rules of Civil Procedure concerning recusal and includes instances in which a judge must step down from hearing a case for reasons other than the disqualifying grounds listed in the constitution. Rule 18b(2) states, in relevant part, that “A judge shall recuse himself in any proceeding in which: (a) his impartiality might 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.”

In the filing Fletcher’s request says the judge’s personal opinion and public statements against counsel render him clearly incapable of serving as trial judge in this case.

He is asking for Judge McCampbell to voluntarily excuse himself from any further proceedings in the Cotten case and that another trial judge be assigned to hear the case.