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Texas State Petition Seeks Removal of Travis County District Attorney Jose Garza Over Official Misconduct Allegations

Texas State Petition Seeks Removal of Travis County District Attorney Jose Garza Over Official Misconduct Allegations

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On April 8, 2024, a petition was filed seeking the removal of Travis County DA Jose Garza, alleging official misconduct and incompetence.


Texas State Petition Seeks Removal of Travis County District Attorney Jose Garza Over Official Misconduct Allegations

Photo received from Travis County government page.

On April 8, 2024, a petition was filed in the 455th Judicial Court in Travis County seeking the removal of Jose Garza, the 53rd Judicial District Attorney (DA), by the State of Texas, represented by Mary Dupuis, a resident of Travis County. The petition cites the Texas Constitution, article V, § 24 and Chapter 87, Texas Local Government Code § 87.012 as grounds for the removal.

Allegations Against the Travis County DA Garza

The plaintiff alleges that Jose Garza, since taking office, has exhibited incompetency and official misconduct by:

  1. Automatically presenting charges against law enforcement officials to grand juries.
  2. Maintaining a “do not call to testify” list of law enforcement officials, disqualifying them as witnesses.
  3. Refusing to prosecute a specific class or type of criminal offense under state law.

The petition invokes Section 24 of article V of the Texas Constitution, which authorizes the removal of county officers for official misconduct, and Section 87.013 of the Texas Local Government Code, which allows for the removal of a district attorney for specific causes including incompetency and official misconduct.

Definitions of Incompetency and Official Misconduct

The petition further outlines the definitions of incompetency and official misconduct according to the Texas Local Government Code. Incompetency is described as gross ignorance of official duties, gross carelessness in the discharge of duties, or unfitness or inability to promptly and properly discharge official duties due to a serious physical or mental defect that did not exist at the time of the officer’s election. Official misconduct is defined as intentional, unlawful behavior relating to official duties, including the intentional or corrupt failure, refusal, or neglect to perform a duty imposed by law, and the adoption or enforcement of a policy of refusing to prosecute a class or type of criminal offense under state law.

Alleged Facts of the Lawsuit

In 2020, Jose Garza, was the Democratic Party’s nominee for Travis County District Attorney and campaigned as a Democratic-Socialist, receiving substantial funding from political groups advocating radical criminal justice reforms. During the campaign, Defendant pledged to “reimagine” the criminal justice system and outlined specific policies if elected, including:

  1. Eliminating cash bail.
  2. Referring all allegations of misconduct against law enforcement officials to grand juries.
  3. Refusing to prosecute all drug crimes involving one gram or less of illegal drugs.
  4. Establishing a “do not call to testify” list for certain law enforcement officials.

Travis County voters elected Garza on November 3, 2020, and on January 1, 2021, he assumed duties as the district attorney after taking the required oath of office. Subsequently, Garza implemented the policies he had advocated during his campaign.

As a licensed Texas attorney, Travis County DA Garza is bound by ethical obligations and legal responsibilities, including upholding the legal process and faithfully executing the duties of the State of Texas. Each district attorney, by law, has a statutory duty to represent the State of Texas in all criminal cases in the district courts, with the primary duty of ensuring that justice is served, rather than focusing solely on obtaining convictions.

Lawsuit Allegations Against Travis County DA Garza

The lawsuit alleges that the Travis County DA Garza engaged in intentional, unlawful behavior relating to official duties, constituting official misconduct by violating a statutory duty or obligation. Specifically, Travis County DA Garza is accused of presenting every allegation of excessive use of force or misconduct by law enforcement officials to a grand jury without exception, as well as finding individuals guilty of wrongdoing and subsequently punishing them with placement on a “do not call to testify” list without due process of law. These actions are purported to be violations of Travis County DA Garza’s statutory duties, constituting intentional, unlawful behavior relating to official duties.

Alleged Policy on Grand Jury Presentations

On April 13, 2021, Travis County DA Garza publicly declared the commitment to present all cases of officer-involved excessive force to the grand jury, regardless of the investigation status. Acknowledging the nondiscretionary nature of the policy, tTravis County DA Garza admitted that even cases lacking probable cause would be presented to the grand jury, emphasizing the importance of the grand jury’s decision-making role.

By April 19, 2023, a total of 79 cases against police officers had been brought before the grand jury, resulting in 48 cases being returned with a no true bill. The grand jury proceedings, being ex parte and confidential, are exclusively influenced by the prosecutor, who determines the evidence to be presented, underscoring the significant impact of the prosecutor’s discretion in these proceedings.

The lawsuit contends that tTravis County DA Garza’s policy breaches a legal obligation by presenting cases to the grand jury without sufficient probable cause, thus violating the duty to uphold constitutional requirements and ensure the equal application of laws. Furthermore, the policy is criticized for discriminating against a specific class of individuals, as well as contravening the statutory oaths taken by Travis County DA Garza to uphold the Constitutions of the United States and Texas.

Alleged Misconduct and “Do Not Call to Testify” List

The lawsuit alleges that on January 29, 2021, Travis County DA Garza unilaterally created a “do not call to testify” list for law enforcement officers, as announced in an official memorandum.. Under the heading “Civil Rights,” Travis County DA Garza disclosed the placement of law enforcement officers on the list when there is evidence questioning the integrity of cases they have previously handled, without disclosing the specific criteria considered for this determination.

Furthermore, once officers are deemed to have acted wrongfully and added to the list, they are only afforded the opportunity to be heard after the decision is made. This unilateral action effectively deprives any officer placed on the list from performing authorized law enforcement duties, as they are barred from testifying regardless of the credibility or materiality of their testimony.

The lawsuit emphasizes that law enforcement officials have the right to due process and should not be deprived of the opportunity to perform authorized law enforcement duties without prior notice and the opportunity to be heard. Such unilateral deprivation is argued to violate constitutionally protected rights, including the right not to be disenfranchised except by due process of the law.

Blanket Policy Allegations

The lawsuit alleges that the Travis County DA Garza implemented a blanket non-prosecution policy for certain drug offenses and abortion cases. In a written policy announcement dated January 29, 2021, Travis County DA Garza declared that his office would not prosecute individuals in possession of a state jail amount of drugs, and distribution of “small amounts” of drugs would only be prosecuted if there was a threat to public safety involving violent conduct, without regard to the type of drugs involved, including fentanyl, which has a lethal dose of 0.002 grams. Furthermore, Travis County DA Garza released a statement on June 24, 2022, in response to the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, where he urged people to disregard state abortion laws, assuring that these laws would not be enforced in Travis County.

On June 27, 2022, Travis County DA Garza publicly announced that his office would not prosecute women seeking abortions or medical professionals providing abortions in Travis County, later reiterating this policy in a television interview on July 2, 2022. When questioned about the potential prosecution of abortion cases on a case-by-case basis, Travis County DA Garza firmly stated that no one would be prosecuted in Travis County, defying the legislature and establishing this non-enforcement policy with law enforcement leadership in Travis County.

Subsequently, on June 6, 2023, Governor Greg Abbott signed into law HB17, which explicitly prohibits categorical policies not to enforce state laws, such as Travis County DA Garza’s refusal to prosecute drug and abortion offenses, thereby constituting official misconduct and grounds for removal from office. The law took effect on September 1, 2023, and Travis County DA Garza’s policies, remaining publicly posted on that date, create a presumption of official misconduct according to the lawsuit.

Summary of Allegations

The lawsuit alleges that the Travis County DA Garza’s conduct constitutes incompetence as defined under the law. Despite swearing an oath to uphold the Constitution and laws of the United States and Texas, tTravis County DA Garza’s actions are deemed to conflict with his ethical and legal obligations to represent the State of Texas in Travis County courts. Rather than enforcing state laws, he is accused of pledging to disregard them and instead of prosecuting violations of laws, he is alleged to encourage defiance of laws. Furthermore, the lawsuit contends that Travis County DA Garza’s conduct demonstrates discrimination, as well as usurpation of the separation of powers established by Texans.

Travis County District Attorney Jose Garza Releases Statement

In light of the recent lawsuit filed against him, Travis County District Attorney Jose Garza issued a response to the legal challenge. District Attorney Garza issued a press release on April 20, 2024, emphasizing the dedication of his office in serving the people of Travis County.

In his statement, District Attorney Garza addressed the lawsuit as an attempt by certain individuals and groups to thwart the will of the voters in Travis County. He highlighted the failed efforts of what he described as “a few billionaires and MAGA Republicans and their dark money PAC” to impede the progress and reform championed by his administration. District Attorney Garza emphasized that these forces had previously attempted to influence the democratic process at the ballot box and had now resorted to squandering taxpayer resources in their quest to undermine the decisions made by the residents of Travis County.

Disclaimer

The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented.

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.


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