Constitutional Law

Fired prosecutor's suit seeking to remove DA from office must be OK'd by another DA

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An unusual lawsuit that seeks to remove a sitting Texas district attorney from office appears likely to test the procedural mechanism for doing so.

On Tuesday, the judge overseeing the case against Dallas District Attorney Susan Hawk said the case can only go forward if a district attorney in a neighboring county reviews the matter, determines it has merit and decides to proceed with it, the Dallas Morning News reports. Even then, the judge would still have to OK the matter.

However, lawyers for Hawk say Dallas County commissioners, who may select the district attorney to review the case, have the power to block the suit, the newspaper reports.

Lawyers for fired prosecutor Cindy Stormer, who formerly served as administrative chief in Hawk’s office and brought the removal complaint, say the commission’s only power is to select which DA will investigate the matter.

Stormer’s Dallas County District Court petition, filed earlier this month, claims Hawk is incompetent to do her job.

Related coverage: “Fired prosecutor sues in effort to get Dallas DA removed from office”

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