On April 20, a citizens’ petition to remove a progressive district attorney in Austin, Texas, under the state’s newly implemented “rogue prosecutor” statute has advanced following a ruling by a local judge.
Dib Waldrip, the presiding judge of Texas’ 3rd Administrative Judicial District, granted permission on Friday for a petition to move forward. The petition is seeking the removal of Travis County District Attorney José Garza on grounds of “official misconduct.”
Bell County Attorney Jim Nichols was appointed as the prosecuting attorney for the case.
Travis County resident Mary Dupuis filed a petition on April 8, expressing her concerns about the handling of police use-of-force cases by District Attorney Garza. In the document, she points out that the DA has pressed charges against law enforcement officials without discrimination and presented these charges to grand juries.
Garza’s refusal to prosecute certain crimes has also been highlighted by her. The prosecutor has made it clear that she will not pursue charges related to abortion or specific drug offenses.
Under House Bill 17, a petition has been filed that grants courts the authority to remove district and county attorneys for “official misconduct.” This bill came into effect in September and encompasses the refusal to prosecute specific criminal offenses.
Last year, Republican Gov. Greg Abbott signed the bill with the intention of “holding rogue district attorneys accountable.” This decision came after progressive DAs, including Garza, openly stated that they would not prosecute individuals seeking an abortion, despite its prohibition under Texas law.
Elected district attorneys, nevertheless, retain substantial autonomy when it comes to deciding which cases to pursue.
In December, Jason Salazar filed a petition calling for Garza’s removal. However, Salazar’s felony drug charge prevented him from pursuing the DA’s removal under the law.
Martin Harry, a former Republican candidate for district attorney who lost the election to Garza in 2020, authored the Salazar petition.