It’s likely the first suit of its kind in Texas
has become the first district attorney we know of to face removal from office under Texas' new"rogue prosecutor" law. However, the person seeking to remove him from office is doing so for personal reasons., the 19-year-old district clerk who filed a lawsuit in Hays County court on Sept. 12 to have Higgins removed for official misconduct. Anderson told the“I want to get rid of him because he’s an impolite person.
Higgins is one of these reformers. During his campaign last fall, he promised he would reject the prosecution of low-level drug possession cases. He went on to say over social media that he would not prosecute doctors who performed abortions or provided care for transgender people. His response to Anderson's suit has been muted but he did dispute the charges.
The suit against Higgins has not yet been set for a trial. HB 17 specifies that the presiding judge of the judicial region will try the suit and appoint a prosecutor from an adjacent county to make the case against the D.A.. The law has a very low threshold for determining that a D.A. has committed a career-ending offense, stating that no written or published policy of rejecting prosecutions is necessary for a D.A. to be judged as having broken the law.
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