Citizens’ Petition to Remove Progressive Texas DA Proceeds Under “Rogue Prosecutor” Law

The Travis County, Texas, district attorney in Austin, Jose Garza, is facing a citizens’ petition seeking his removal under the state’s recently enacted “rogue prosecutor” law. The petition, filed by Travis County resident Mary Dupuis, accuses Garza of official misconduct, specifically citing his handling of police use-of-force cases and his refusal to prosecute certain crimes.

Presiding judge Dib Waldrip of Texas’ 3rd Administrative Judicial District has allowed the petition to proceed, assigning Bell County Attorney Jim Nichols as the prosecuting attorney in the case. The petition was filed under House Bill 17, which allows courts to remove district and county attorneys for official misconduct, including refusal to prosecute certain criminal offenses.

This move comes after Republican Gov. Greg Abbott signed the bill into law last year, aiming to hold rogue district attorneys accountable. Garza, a progressive DA, has been vocal about his refusal to prosecute charges related to abortion or certain drug offenses, which has sparked controversy and led to calls for his removal.

Garza previously faced a petition for removal in December, but it was disqualified due to a felony drug charge against the petitioner. The current petition adds to the mounting pressure on Garza, who has been a polarizing figure in the legal community. It remains to be seen how this legal battle will unfold and what implications it may have for the future of prosecutorial discretion in Texas.