Attorney who filed suit to oust Lehmberg says he's disappointed

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by SHELTON GREEN / KVUE News and Photojournalist DATHAN HULL

Bio | Email | Follow: @SheltonG_KVUE

kvue.com

Posted on December 11, 2013 at 11:15 PM

Updated Wednesday, Dec 11 at 11:20 PM

AUSTIN – The Austin attorney who filed a lawsuit to remove Travis County District Attorney Rosemary Lehmberg from office says he’s disappointed with a judge’s ruling Wednesday to allow Lehmberg to keep her job.

“I was a little surprised. If you had heard the testimony of the deputies Monday morning it was devastating, but I do think an impartial judge made the decision,” said Kerry O’Brien who filed a lawsuit four days after Lehmberg’s arrest for DWI.

In April 2013 Lehmberg was arrested for drunk driving and was convicted shortly afterwards. On Wednesday the Travis County District Attorney was all smiles as she emerged from a courtroom moments after a judge decided to let her keep her job.

“I just want to thank this community for giving me a chance, and I promise you I will work diligently to do the right thing as I always have done," she said. "I want to apologize again for my behavior.  I think I have said over and over again it was inexcusable, and I have tried to do everything I can to fix it. And I will continue to do everything in my power to make sure there's never a repeat of that kind of conduct."

“We don't have a recall in Texas, so this is the best that we've got and we did it and I'm happy. It was very public and I think that was great. I'm not happy about the results, but I am satisfied that the rule of law controlled here," O'Brien said. "It's notice on our local political establishment that we expect certain standards of conduct regardless of affiliation. I think it just emphasizes we are really serious and drunk driving is a serious issue."

Lehmberg’s term ends in 2016, and she has already stated that she is not running for re-election.

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