Retired judge explains law that could lead to Travis County District Attorney’s removal

Mercedez Hernandez
·2 min read
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AUSTIN (KXAN) — Retired judge Charlie Baird said Saturday that a Texas law targeting “rogue” prosecutors could impede Texas’ district attorneys in their duties.

“I think it could put a chilling effect on prosecutors and the use of their discretion. Prosecutors have always had a great deal of discretion, on what crimes to prosecute,” Baird said.

This comes after a court accepted a petition brought against Travis County District Attorney Jose Garza.

The petition accuses Garza of “incompetence and official misconduct.” It also alleges that he violated H.B. 17, a law that went into effect last fall intended to rein in “rogue” prosecutors. It argues that Garza singled out law enforcement officials and refused to prosecute certain cases.

Baird said the petition stems in part from Garza’s stance on prosecuting abortion. In 2022, Garza said he would not “criminalize personal health decisions” after Roe v. Wade was overturned.

Baird called the case against Garza an overreach by lawmakers who want to dictate how district attorneys run their offices.

“I can see laws like this having a chilling effect on the prosecutor in the exercise of their independent judgment and discretion in cases, and that’s exactly what they were elected to do. That’s why the voters sought him out or, or elected them,” Baird said.

In a Saturday statement, Garza called the petition a politically motivated attempt to undermine Travis County voters and remove him from the elected role.

“Every day, our office works to bring justice to Travis County and keep people safe. Last month, 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.”

Garza remains in office pending the outcome of the case.

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