The latest development in the lawsuit aiming to unseat Travis County District Attorney José Garza indicates the motion is likely to falter. According to court documents obtained by KVUE, a motion to dismiss the lawsuit was filed, which if granted, would maintain Garza's position. Special prosecutor Jim Nichols, appointed to investigate the claims, concluded after a thorough review that the allegations did not warrant Garza's removal. KVUE reported that Nichols found that Garza’s office did in fact prosecute drug cases, countering claims that led to Mary Dupuis filing the suit under Texas House Bill 17.
Dupuis had accused the District Attorney's office of not pursuing certain types of crime, including those involving drug charges and use-of-force cases against police officers. Garza, who has been unable to be reached for comment, stands at the center of the first suit brought under the law passed in September 2023. Appointed by a Republican judge, despite fears of partisanship, Nichols, a Bell County Attorney, found no evidence supporting the allegations according to KVUE.
As per the details provided by the Austin American Statesman, Dupuis initiated the legal challenge after feeling dissatisfied with how Garza's office managed her sexual assault case. The lawsuit suggested a broader pattern of refusal to prosecute, specifically targeting Garza's stance on drug possession and his promise not to prosecute abortion-related crimes. However, the motion put forth by Nichols indicates that the previous policies about drug crimes were rescinded and updated directives were already in place.
The case also highlighted Garza's approach to police use-of-force incidents, which the suit described as "discriminating" towards law enforcement. Despite these claims, Nichols's findings suggested that the way Garza's office handled these cases does not constitute "a valid grounds for removal." With a hearing scheduled for Tuesday, the lawsuit’s progression appears unlikely, and Garza remains a strong candidate for the upcoming general election after his primary victory in March, as highlighted in the lawsuit mentioned by the Austin American Statesman.
