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'Rogue DA' lawsuit takes aim at Travis County's José Garza

The petition, written by 2020 Republican candidate for DA Martin Harry and filed by Travis County resident Jason Salazar, aims to remove Garza from his position.

AUSTIN, Texas — Travis County District Attorney José Garza is responding to a new legal complaint about him being a so-called "rogue DA," calling it "meritless."

The petition, written by 2020 Republican candidate for DA Martin Harry and filed by Travis County resident Jason Salazar, aims to remove Garza from his position and accuses him of "official misconduct" by not prosecuting certain crimes.

It's the first lawsuit like this to be filed in Travis County under House Bill 17, which became law in September. It allows Texans to take legal action against district attorneys who enact policies that don't comply with state law, including not prosecuting abortion or marijuana-related crimes or abortion.

In a statement, Garza wrote in part, "This meritless petition is just another example of how Travis County Republicans are hell-bent on undermining local elections."

Garza is running for re-election in 2024. Monday was the statewide candidate filing deadline for the March primary. Jeremy Sylestine, an Austin defense attorney and former prosecutor, has filed to challenge Garza, according to KVUE Senior Reporter Tony Plohetski.

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