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County Attorney to proceed to remove District Attorney from office

UPDATE: According to a court filing obtained by ABC-7, El Paso County Attorney Jo Anne Bernal plans to advance the case to remove District Attorney Yvonne Rosales from office.

This comes after El Paso attorney Omar Carmona filed a petition to remove Rosales from office back in August.

Response from the Office of the District Attorney:

“While the county attorney’s action is something we do not agree with, the District Attorney’s Office is not surprised by her decision. It is saddening that El Paso County and the families we represent will now have to endure more disruption amidst an important time for the DA’s office to serve justice throughout our community. My loyalty and focus will remain on improving the criminal justice system and the DA’s office as a whole despite this political distraction.”

“Citizens of El Paso, the voting public at large, and any current and future elected officials should be on alert to these types of political attacks. The people of El Paso County made their voices heard and voted for a change in the DA’s Office after having the same administration for 28 years. Know that I will continue to fight for every citizen and family in our community to ensure that due process and justice is served.”

The next step is for a status hearing to be set which will determine a trial date.

EL PASO, Texas -- El Paso County Attorney Jo Anne Bernal will have to make a decision before the end of Tuesday on whether or not to prosecute District Attorney Yvonne Rosales in her removal case.

In September, visiting Judge Tryon D. Lewis granted the application to serve Rosales with a citation in the case. In laymen's terms, the judge advanced the case to the next step before a jury trial.

By state law, in a removal by petition case, the county attorney would represent the State in a jury trial against the officer who faces removal. It is now up to Bernal to decide whether or not to prosecute the case and bring it to a jury trial.

Judge Lewis granted an extension for Bernal, giving her until November 1 to make a decision on going to trial.

El Paso attorney Omar Carmona filed the petition to remove Rosales from her elected position on August 24. In his petition, Carmona cites incompetency and official misconduct as reasons for removal.

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