Presiding judge in removal suit against DA José Garza pushes back on motion to dismiss case

AUSTIN (Talk1370.com) -- Despite a motion from a state-appointed prosecutor seeking to dismiss a removal suit against Travis County District Attorney José Garza, the presiding judge in the case is asking for more evidence before signing off on the dismissal.

Tuesday, Judge Dib Waldrip asked Bell County Attorney Jim Nichols to submit sworn testimony or affidavits with "admissible proof" to support his motion, including a hearing on the matter if needed.

“If the cause is to be ordered dismissed regarding issues legally sustainable under the statute but perhaps factually insufficient, due diligence by the court requires and adequate openness or transparency on behalf of the public dictates such consideration be supported by more than a synthesis of information and hearsay from Respondent's counsel," Waldrip wrote in his response to the Nichols motion.

Nichols' motion, filed on Friday, cited a conversation with Garza's attorney, along with a series of details that Nichols said supports his motion to dismiss the case.

The case against Garza is the first to move forward under House Bill 17, which was passed by the Legislature last year. Under HB 17, "official misconduct" now includes a district attorney's blanket refusal to prosecute certain criminal offenses under state law.

In April, Waldrip - a Republican judge from Comal County, who also serves as the presiding judge of Texas' Third Administrative Judicial Region - appointed Nichols, who is also a Republican, to represent the state in investigating and prosecuting the case against Garza.

Waldrip's response requests either a notice of non-suit, a request for a hearing, or other sworn testimony to be filed with the court within 30 days.