District Attorney faces suspension now that removal case goes to trial
EL PASO, Texas -- District Attorney Yvonne Rosales could face suspension after the County Attorney decided on Tuesday to proceed with prosecuting the removal case.
Chapter 87 of Texas law says, "After the issuance of the order requiring citation of the officer, the district judge may temporarily suspend the officer and may appoint another person to perform the duties of the office."
Visiting Judge Tryon D. Lewis issued the order to cite Rosales back on September 14, thereby allowing County Attorney Jo Anne Bernal to make the decision whether or not to prosecute the case. By law, Bernal would have to represent the State in a case to remove Rosales from her position.
Bernal filed a notice of intent to proceed in the removal case on Tuesday night.
If Jude Lewis decides to suspend Rosales pending the jury trial, he will also have to name her replacement. Texas law says that before a judge can suspend an officer, the person who is appointed to take over must execute a bond. That bond would be used to "pay for any damages and costs to the suspended officer if the grounds for removal are found at trial to be insufficient or untrue," the law states.
The law also points out that if Rosales is suspended and found not guilty at trial, the county would have to pay her an equal amount of money that was given to a temporary appointee. That money would have to come from the county's general fund.
Omar Carmona, the El Paso attorney who filed the petition to remove Rosales from office, spoke to ABC 7 moments after the news there was going to be a trial.
"Even though my petition has made it to this point, she is still in office today, and I am still very much concerned for the crippled justice system in El Paso," Carmona said.
Rosales responded to the news in a statement released from her office.
"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," the statement read.
