A citizens’ petition to remove a progressive district attorney in Austin under Texas’ newly implemented “rogue prosecutor” statute is making progress following a recent ruling by a local judge.
Judge Dib Waldrip, who presides over Texas’ 3rd Administrative Judicial District, has given the green light to a petition that aims to remove Travis County District Attorney Josรฉ Garza for alleged “official misconduct.”
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Bell County Attorney Jim Nichols has been appointed as the prosecuting attorney in the case.
Travis County resident Mary Dupuis submitted a petition on April 8, expressing her concerns about the way DA Garza has been handling police use-of-force cases. In the document, she argues that the DA has pressed charges against law enforcement officials without proper consideration and presented these charges to grand juries without sufficient evidence.
Furthermore, she highlighted the fact that Garza has made it clear that he will not pursue charges for certain crimes. Specifically, he has publicly stated that he will not prosecute cases related to abortion or specific drug offenses.
Under House Bill 17, which came into effect in September, courts now have the authority to remove district and county attorneys for “official misconduct.” This includes the refusal to prosecute specific criminal offenses.
Republican Governor Greg Abbott signed the bill last year with the intention of holding rogue district attorneys accountable. This came after progressive DAs, including Garza, openly declared that they would not prosecute individuals seeking an abortion, despite it being banned under Texas law.
Elected district attorneys, on the other hand, still hold considerable authority in deciding which cases to pursue.
In December, Garza was confronted with a petition for his removal filed by Jason Salazar. However, Salazar’s eligibility to seek the DA’s removal under the law was nullified due to a felony drug charge.
The Salazar petition was drafted by Martin Harry, a previous Republican candidate for district attorney who was defeated by Garza in the 2020 election.
