Legal Battle Over Travis County DA Heats Up As Judge Demands Evidence

A judge has decided not to dismiss a petition seeking the removal of Travis County District Attorney Jose Garza, insisting on more evidence before making a final decision.

Bell County Attorney Jim Nichols, filed a motion Friday to dismiss the case for lack of evidence, however, Dib Waldrip, the presiding judge to oversee Nichols’ petition filed a notice Tuesday dismissing the case.

Waldrip emphasized the need for admissible proof such as sworn testimony, answers to discovery, or affidavits. The judge requested any necessary amendments to the motion to dismiss and asked for a Notice of Non-suit or a hearing with sworn testimony to be filed within 30 days.

The case stems from a law that went into effect on September 1, 2023, which allows for the removal of a district attorney for “official misconduct,” including refusal to prosecute certain crimes; the law has been criticized for targeting progressive prosecutors.

In April, resident Mary Dupuis filed a petition accusing Garza of unfairly targeting police officers, having a “do not call to testify” list, and refusing to prosecute certain drug and abortion-related cases.

Nichols, a Republican prosecutor, said that sending excessive force cases to a grand jury is not valid grounds for removal. Additionally, he stated that Garza has denied the existence of a “do not call” list, which wouldn’t constitute misconduct anyway, and that Garza was following updated Texas laws in prosecuting drug charges.

When the petition to remove Garza was filed back in April, the DA’s office said:

“Every day, our office works to bring justice to Travis County and keep people safe. [In March], a few billionaires and MAGA Republicans and their dark money PAC failed to stop our progress at the ballot box. Now, one month later, their allies are wasting taxpayer money trying to undermine the decision of the voters of Travis County. They failed once, and they’ll fail again.”

Mary Dupuis, supported the judge’s decision to demand more evidence. She criticized Nichols’ initial investigation as insufficient and expressed hope that the judge’s requirement for more proof would ensure a thorough examination of the claims against Garza.

Judge Waldrip’s decision to require more evidence before considering the dismissal ensures that the case will continue to unfold with further scrutiny over the next month.

Garza is expected to win in the November general election in the liberal-leaning Travis County.