Petition to take away progressive Texas DA proceeds beneath ‘rogue prosecutor’ legislation

Petition to take away progressive Texas DA proceeds beneath ‘rogue prosecutor’ legislation

The Travis County, Texas, district legal professional in Austin, Jose Garza, is the topic of a petition in search of his ouster beneath the provisions of the state’s not too long ago enacted “rogue prosecutor” legislation. Photograph by Larry D. Moore/Wikimedia Commons

April 20 (UPI) — A residents’ petition in search of the elimination a progressive district legal professional in Austin beneath Texas’ not too long ago enacted “rogue prosecutor” statute is continuing after a ruling by a neighborhood decide this week.

Dib Waldrip, presiding decide of Texas’ third Administrative Judicial District, on Friday allowed a petition in search of the elimination of Travis County District Lawyer José Garza for “official misconduct” to proceed.

He assigned Bell County Lawyer Jim Nichols because the prosecuting legal professional within the case.

Travis County resident Mary Dupuis filed the petition on April 8. Within the doc, she cites Garza’s dealing with of police use-of-force circumstances, arguing the DA has “indiscriminately” pressed expenses towards legislation enforcement officers and introduced these expenses to grand juries.

She additionally cited Garza’s refusal to prosecute sure crimes. The prosecutor has been public about his refusal to prosecute expenses associated to abortion or sure drug offenses.

The petition was filed beneath Home Invoice 17, which took impact in September and permits courts to take away district and county attorneys for “official misconduct,” which beneath the invoice covers refusal to prosecute sure legal offenses.

When Republican Gov. Greg Abbott signed the bill final yr, he stated the intention was to “maintain rogue district attorneys accountable” after progressive DAs, together with Garza, stated they might not prosecute individuals in search of an abortion, which is banned beneath Texas legislation.

Elected district attorneys, nevertheless, nonetheless have vital discretion over what circumstances they pursue.

Garza additionally confronted a petition calling for his elimination in December filed by Jason Salazar. However a felony drug cost towards Salazar disqualified him from in search of the DA’s elimination beneath the legislation.

The Salazar petition was written by Martin Harry, a former Republican candidate for district legal professional who misplaced the election to Garza in 2020.

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