¶1concurring.
¶2As Rule 18a is presently written it does not require that constitutional grounds be set out in the motion. I would urge the Supreme Court to change the rule so that it would so read with the additional proviso that the motion need not be referred to the administrative judge unless constitutional grounds are alleged. This would avoid the useless function of referring a motion that was without merit ab initio.
¶3I would deny the petition for failure to comply with the ten day requirement of Rule 18a(a). There is no provision in this rule similar to that in TEX.R.CIV.P. 18b(a) allowing for late filing for good cause shown. Admittedly the motion was filed on the day of trial.
¶4There needs to be a safeguard so that this rule would not be abused as an alternative to a motion for continuance. I would further encourage the Supreme Court to add by amendment permission for late filing for good cause shown. This should be coupled with proviso that good cause would be determined by the judge to whom the motion was referred. The succeeding judge should have authority to rule on the motion instanter based on opposing and concurring statements without further notice to the parties. This would protect the non-moving party’s right to a speedy trial.