Why is Travis County District Attorney José Garza being sued? Here's what to know
Travis County District Attorney José Garza could soon be out of a job after a Travis County resident filed a lawsuit against him.
The lawsuit alleges Garza acted as a "rogue prosecutor" by allegedly refusing to prosecute certain crimes. Texas House Bill 17, which took effect in September, allows district attorneys to be removed from office for "official misconduct" as part of a movement by state Republicans to battle progressive prosecutors.
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It's a complicated lawsuit, to say the least. Here's what to know.
What is the 'rogue prosecutor' lawsuit?
The lawsuit argues Garza's alleged actions amount to "incompetency and official misconduct." It accuses the district attorney's office of adopting a “blanket non-prosecution policy” for drug possession and cites Garza’s promise not to prosecute abortion crimes. It also references Garza's approach to police use-of-force cases, which it describes as “discriminating” against law enforcement officials, as evidence of prosecutorial misconduct, the Statesman previously reported.
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The passage of HB 17 follows a new report from the Interim Study Committee on Criminal Justice Reform, which held four public hearings last year. On the topic of prosecutorial discretion, the committee said prosecutors should be able to weigh the facts of each case but they must uphold laws.
"For prosecutors to knowingly and willingly refuse to enforce state laws — and even further, publicly announce their refusal to follow and enforce state laws — is a violation of their oath and greatly jeopardizes the entire justice system and weakens the rule of law," the committee said in its report. "The foundational principle of prosecutorial discretion on a case-by-case basis must be protected. But state laws must be enforced. Any prosecutor who refuses to do so must be held to account."
Who filed the 'rogue prosecutor' lawsuit?
The most recent iteration of the "rogue prosecutor" lawsuit was filed on April 8 by Mary Elizabeth Dupuis, a Travis County resident.
On Monday, Dupuis posted on X, formerly known as Twitter, saying that she is not a Republican and supports abortion access and drug decriminalization. She said she filed the petition because she believes Garza's office did not properly address her sexual assault case.
"It is my hope that this petition will bring light to all of the illegal and unethical actions of José Garza during his tenure in the Travis County District Attorney’s Office, and not just what is listed in the petition," Dupuis said.
In November, a nearly identical lawsuit was written by Martin Harry, a former Republican candidate for district attorney who lost the general election against Garza in 2020. That lawsuit was filed by Jason Salazar, but the case was complicated by Salazar's arrest in October on suspicion of drug possession. Salazar's case was dismissed in January.
How do removal lawsuits work?
Dib Waldrip, presiding judge of the 3rd Administrative Judicial Region, will oversee the case. On Friday, he assigned Bell County Attorney Jim Nichols to be the prosecuting attorney. HB 17 specified that, in removal suits, a prosecuting attorney from another county must be assigned to the case.
The current hearing regarding Garza is scheduled for May 16 in a Comal County court.
What do lawmakers say about the lawsuit?
Though the lawsuit is filed against José Garza, other Democrat lawmakers view it as a Republican-led effort to undermine local elections. Dib Waldrip's acceptance of the petition has faced criticism from U.S. Rep. Lloyd Doggett and Texas House members from Travis County.
"The petition was reviewed by a district judge in one of the most Republican counties in the state of Texas, who agreed to appoint another Republican to try to prevent the will of Travis County voters from being realized," Doggett, D-Austin, told reporters during a news conference on the steps of the Capitol.
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Democratic state Reps. Donna Howard, Lulu Flores, Vikki Goodwin and Sheryl Cole also spoke in opposition of the filing. They were joined by Austin Kaplan, an attorney representing Amanda Zurawski, a plaintiff in a case challenging Texas' abortion ban.
Doggett also claims the petition has "no grounds" because it does not point to any actions taken by Garza after Sept. 1, when HB 17 went into effect.
Goodwin, who represents House District 17, said the issue "transcends" the fate of a single elected official and might set a troubling precedent for other elected Democrats. She also called the lawsuit a "financial burden," diverting taxpayer dollars from other county resources.
State Sen. Sarah Eckhardt released a statement on the petition, saying, "Democrats and Republicans alike must not fall in line behind this authoritarian coercion.
"Today it is a Democrat in Travis County, tomorrow it could be a Republican in your county," Eckhardt wrote in the statement posted to X, formerly Twitter.