Section 69.261. Decisions; Notation of Recusals  


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  • If a judge anticipates recusal with respect to a case on which the judge has been assigned to sit, the judge shall notify the presiding judge of the court en banc or panel as soon as possible. A commissioned judge may also be recused with respect to responding with an objection or no objection under § 69.255. For the information of the judge who, as the writer of the opinion of the court, has the responsibility for preparing the opinions to be filed in accordance with § 69.262, a recused judge, whether sitting on the particular court en banc or panel or not, shall communicate the fact of recusal by notation upon the response form or in writing otherwise. The judge responsible for preparing the opinions to be filed shall have the non-participation of a judge noted upon the majority opinion of the court, whether such judge was sitting as a member of the court en banc or panel or not.