Petitioner hopes so, legal experts say it’s unlikely
A petition to remove Travis County District Attorney José Garza moved one step closer to trial last week, becoming the first of its kind to reach this stage in Texas – though the effort is still almost certain to fail.
“HB 17 makes it impossible for D.A.s to talk about what they’re doing. We ought to know what they’re doing, and the democratic process is in place to allow voters to assess how they’re doing.”“Undermining the will of voters is one direct effect of House Bill 17,” University of Texas law professor Jennifer Laurin said of the legislation, which is also known as the “rogue prosecutor” law.
The petition – authored by Martin Harry, the Republican D.A. nominee Garza defeated in 2020 – was also submitted against Garza by a different plaintiff in December, but that case was dismissed because the plaintiff had a pending felony case in Travis County. Garza’s office has not been presented with any abortion-related offenses since HB 17 took effect last year, a D.A. spokesperson tells us. And even if they had, Garza’s statements from 2020 about not prosecuting abortion cases cannot be used against him, because HB 17 only applies to policies enacted after the law took effect. The complaint does not point to any statements from Garza after that date and the spokesperson tells us the D.A.
HB 17 Jennifer Laurin José Garza Rogue Prosecutor Law
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