On Tuesday, June 11, 2024, Fox 7 Austin reported that Judge Dib Waldrip of Travis County paused a motion to dismiss a petition seeking to remove District Attorney Jose Garza from office.
The judge stated that more evidence is needed to support the motion to dismiss. In April, a woman named Mary Dupuis had filed a petition accusing Garza of misconduct, including having a list of witnesses not to call in cases and refusing to prosecute certain drug and abortion-related crimes.
Bell County Attorney Jim Nichols, who was appointed as a special prosecutor in the case, had filed a motion arguing that sending excessive force cases to a grand jury was not valid grounds for removal. Nichols also said Garza denied having a “do not call” witness list and was appropriately following updated Texas law in prosecuting drug offenses.
However, Judge Waldrip expressed hesitation about dismissing the case without further examination of the allegations. He gave Nichols 30 days to provide additional supporting evidence or a status hearing would be scheduled.
The attempt to oust Garza from office comes under a new Texas law allowing judges to remove prosecutors deemed “rogue” for refusing to prosecute certain crimes. Conservative group Save Austin Now, while not directly involved in the petition, said they hoped more information would be presented to properly assess whether Garza was fully upholding his duties.
Travis County DA’s office declined to comment on the ongoing case when initially asked. They had previously stated that the petition was a waste of taxpayer money and an attempt to undermine the will of Travis County voters who elected Garza.
Petitioner Dupuis agreed with the judge’s decision, arguing that simply taking Garza’s word that he committed no misconduct was not a sufficient investigation. She viewed the motion to dismiss as another way to avoid responsibility. Special Prosecutor Nichols has not yet responded to requests for comment on the latest development.
Source: Fox 7 Austin
