{"id":1961,"date":"2026-08-24T22:14:40","date_gmt":"2026-08-24T22:14:40","guid":{"rendered":"https:\/\/hvhappens.com\/?p=1961"},"modified":"2026-08-24T22:14:42","modified_gmt":"2026-08-24T22:14:42","slug":"in-texas-can-a-district-attorneys-be-removed-for-incompetency","status":"publish","type":"post","link":"https:\/\/hvhappens.com\/index.php\/2026\/08\/24\/in-texas-can-a-district-attorneys-be-removed-for-incompetency\/","title":{"rendered":"In Texas Can a District Attorneys Be Removed For Incompetency?"},"content":{"rendered":"\n<figure class=\"wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<iframe loading=\"lazy\" title=\"Double Crossing DA\" width=\"640\" height=\"360\" src=\"https:\/\/www.youtube.com\/embed\/2AKU2hLZSYo?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe>\n<\/div><\/figure>\n\n\n\n<p>By Selina Xia Zamacois<\/p>\n\n\n\n<p>AUSTIN, Texas \u2014 An investigative reporter, Wayne Dolcefino, has aired a report questioning the Walker County District Attorney on why he didn\u2019t allow a murder trial to move forward. (See comments for video link).<\/p>\n\n\n\n<p>The Walker County District Attorney Will Durham was unopposed this election cycle and several cases have not moved forward since, leading us to question, can a District Attorney be removed from office?<\/p>\n\n\n\n<p>Texas law provides a detailed and strictly regulated process for removing a district attorney from office, according to Texas Local Government Code Chapter 87, the statute governing the removal of county officers. The law outlines who may initiate removal, the legal grounds required, and the steps a court must follow before an elected prosecutor can be ousted.<\/p>\n\n\n\n<p>Under Section 87.012, district attorneys are listed among the county officers subject to removal. The statute places them alongside sheriffs, county judges, clerks, treasurers, and other elected county officials.<\/p>\n\n\n\n<p>State law allows removal only for specific reasons defined in statute:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Incompetency \u2014 This includes gross ignorance of official duties, gross carelessness, or a physical or mental condition that prevents the official from performing required tasks.<\/li>\n\n\n\n<li>Official misconduct \u2014 Defined as intentional unlawful behavior related to official duties. This includes refusing to perform legally required duties or adopting policies that unlawfully restrict prosecution of certain crimes.<\/li>\n\n\n\n<li>Intoxication \u2014 Being intoxicated due to alcohol, whether on duty or off duty.<\/li>\n<\/ul>\n\n\n\n<p>The statute also makes clear that no official may be removed for conduct committed before their election or appointment.<\/p>\n\n\n\n<p>The process starts when a resident of the county files a written petition in district court. The petition must clearly state the grounds for removal and cite the specific acts or omissions alleged.<\/p>\n\n\n\n<p>Once the petition is filed, the petitioner must request that the district judge issue a citation, formally notifying the district attorney of the allegations and the pending removal case.<\/p>\n\n\n\n<p>After citation is issued, the district judge has the authority to temporarily suspend the district attorney. If suspension occurs, the judge appoints a temporary replacement to serve during the proceedings. This suspension is optional and depends on the judge\u2019s assessment of the situation.<\/p>\n\n\n\n<p>Texas law requires a jury trial before any district attorney can be removed. A jury must hear evidence and determine whether the official committed incompetency, official misconduct, or intoxication as defined by statute.<\/p>\n\n\n\n<p>If the jury finds the allegations true, the judge enters a removal order.<\/p>\n\n\n\n<p>The removed official may appeal the judgment to the court of appeals. In most cases, the removal order is suspended during appeal unless the court determines that suspension would harm the public interest.<\/p>\n\n\n\n<p>Separate from the petition process, Section 87.031 states that a district attorney is automatically removed if convicted by a petit jury of:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Any felony, or<\/li>\n\n\n\n<li>Any misdemeanor involving official misconduct<\/li>\n<\/ul>\n\n\n\n<p>This removal is immediate upon conviction.<\/p>\n\n\n\n<p>If removal becomes final, the county commissioners court appoints a new district attorney to serve until the next general election.<\/p>\n\n\n\n<p>Texas\u2019 removal statute creates a high bar for ousting a district attorney, requiring citizen action, judicial oversight, and a jury verdict. The law is designed to balance accountability with protection against politically motivated attempts to remove elected prosecutors.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>By Selina Xia Zamacois AUSTIN, Texas \u2014 An investigative reporter, Wayne Dolcefino, has aired a report questioning the Walker County District Attorney on why he didn\u2019t allow a murder trial to move forward. (See comments for video link). The Walker County District Attorney Will Durham was unopposed this election cycle and several cases have not [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1962,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1961","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/posts\/1961","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/comments?post=1961"}],"version-history":[{"count":1,"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/posts\/1961\/revisions"}],"predecessor-version":[{"id":1963,"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/posts\/1961\/revisions\/1963"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/media\/1962"}],"wp:attachment":[{"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/media?parent=1961"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/categories?post=1961"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hvhappens.com\/index.php\/wp-json\/wp\/v2\/tags?post=1961"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}