Citizens’ petition to remove progressive district attorney in Austin under “rogue prosecutor” statute moves forward

The citizens’ petition seeking the removal of progressive district attorney José Garza in Austin, Texas, is making headlines after a local judge ruled in favor of allowing the petition to proceed under the state’s “rogue prosecutor” statute.

Judge Dib Waldrip of Texas’ 3rd Administrative Judicial District granted permission for the petition, which accuses Garza of “official misconduct,” to move forward. The petition was filed by Travis County resident Mary Dupuis, who raised concerns about Garza’s handling of police use-of-force cases and his refusal to prosecute certain crimes, such as charges related to abortion or certain drug offenses.

The case has been assigned to Bell County Attorney Jim Nichols as the prosecuting attorney. The petition was filed under House Bill 17, which was enacted last year and allows courts to remove district and county attorneys for official misconduct, including the refusal to prosecute certain criminal offenses.

Garza, who has been vocal about his stance on certain issues, has faced previous attempts to remove him from office. A petition filed in December by Jason Salazar was disqualified due to a felony drug charge against Salazar. The Salazar petition was written by Martin Harry, a former Republican candidate for district attorney who lost to Garza in the 2020 election.

The controversy surrounding Garza’s tenure as district attorney highlights the ongoing debate over the role of prosecutors and their discretion in pursuing cases. With the petition now moving forward, the case is expected to draw significant attention as it unfolds in the coming weeks.