Originally Posted By Bigger_Hammer:https://www.texastribune.org/2024/04/20/texas-rogue-prosecutors-law-jose-garza-removal-attempt/Travis County district attorney faces removal attempt under Texas’ “rogue” prosecutors law
(For the TL/DNR crowd the State of Texas is now trying to remove Ultra Liberal Travis County District Attorney Jesus Garza for refusing to prosecute some classes of crimes (drugs, theft, etc ..) while needlessly prosecuting Law Enforcement Officers in Travis County (Austin Texas).
A county resident accuses José Garza of "indiscriminately" pressing charges against law enforcement and refusing to prosecute certain crimes
A Travis County resident is seeking to remove progressive District Attorney José Garza from office using a 2023 Texas law aimed at limiting the discretion of locally elected prosecutors. A state district judge in Comal County on Friday appointed an attorney to represent Texas and pursue the case.
House Bill 17 took effect Sept. 1 and allows courts to remove district attorneys for "official misconduct." That could include refusing to prosecute certain criminal offenses under state law, such as low-level marijuana possession.
When Gov. Greg Abbott signed the bill, the Republican leader said the goal of the law was to "hold rogue district attorneys accountable." The GOP priority legislation gained steam after progressive district attorneys, including Garza, said they would not prosecute people seeking abortions banned under Texas law.
However, elected district attorneys have significant prosecutorial discretion, meaning they get to decide which cases to pursue. As KUT previously reported, the law undermines this longtime convention.
Travis County resident Mary Dupuis filed a petition to remove Garza from office on April 8. The filing came just over a month after Garza won the March Democratic primary for district attorney in a landslide.
Dupuis' petition argues Garza must be removed from office "due to incompetency and official misconduct."
The petition alleges that misconduct includes "indiscriminately" pressing charges against law enforcement officials and presenting those cases to grand juries. The filing also argues Garza has refused to prosecute certain crimes, citing statements he has made on not pursuing abortion-related cases.
The petition concludes that "because [Garza's] conduct makes him unqualified to serve as district attorney, he should be removed from office."
This is not the first challenge Garza has faced under HB 17. Jason Salazar filed a petition to remove the DA from office last December. At the time, Garza's office was prosecuting Salazar for a felony drug charge. The criminal charge Salazar was facing disqualified him from seeking to remove the DA under the law.
Dupuis' petition is moving forward. In his order Friday, Judge Dib Waldrip, with the 433rd District Court in Comal County, stated Bell County Attorney Jim Nichols — who, like Waldrip, is a Republican — will litigate the case.
"The prosecuting attorney representing the state shall possess full authority under the law to proceed in the litigation as he and his office deem appropriate to bring this matter to a prompt and proper legal resolution," Waldrip wrote in the order.
Waldrip also ordered Garza to appear in a Travis County District courtroom on May 16.Can't think of a worse District Attorney around in Texas, and thus a more perfect & deserving removal by the State as a "Rogue".
Bigger_Hammer View Quote
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They are all across the Country.
Turning us into a crime infested shithole like Haiti from which we will never return.
https://legalinsurrection.com/2024/04/soros-backed-super-woke-california-bay-area-prosecutor-faces-recall/"Price is one of many George Soros DA’s who in recent years dominated the down ballot races across the United States.
Since assuming office in early January, in a move commonly implemented by the Soros DA’s, Price went after the human capital.
She put veteran prosecutors on paid leave and fired two former investigators.
In their place, the former employment and civil rights attorney brought in friends most of whom had no relevant experience as well as the staff members of former San Francisco District Attorney Chesa Boudin who was recalled in June last year."
"Price will be fighting for her political survival less than halfway through her first term after crime spiked in Oakland, the largest city in her district,
testing voters’ patience with her platform of slashing penalties
and prosecuting police officers who use lethal force.
That campaign will coincide with broader efforts to crack down on crime in California, both in the Legislature and at the ballot box, as progressives like Price navigate mounting public frustration.