AUSTIN (KXAN) — The Travis County Commissioners Court approved up to $50,000 in legal defense costs for Travis County District Attorney José Garza related to a petition calling for his removal from office.
The petition, filed in the 455th Travis County District Court, argues “incompetency and official misconduct” related to the policies enforced by Garza about who and what criminal offenses his office prosecutes.
KXAN requested a comment from Garza and asked whether he has retained an attorney to represent him in this matter. This story will be updated once a response is received.
On April 30, Travis County commissioners met in executive session to discuss agenda item No. 32, sponsored by Precinct 3 Commissioner Ann Howard, about the petition.
According to the meeting agenda, the item called for the commissioners to “receive legal briefing, consider, and take appropriate action.”
Transcripts show Precinct 1 Commissioner Jeffrey W. Travillion, Sr. introduced the following motion after executive session: “I move that the court make the finding that the acts in the suit based on acts in good faith, and the request to pay legal defense costs serves a legitimate public interest and not merely his private interest.”
Travillion requested the court authorize up to $50,000 for Garza’s legal defense costs associated with the petition, according to transcripts.
The motion was seconded by Commissioner Howard and a vote was held without discussion.
County Judge Andy Brown and Commissioners Howard, Travillion, and Brigid Shea voted in favor of the motion.
KXAN reached out to Judge Brown for a comment on the decision to approve using Travis County funds to pay for DA Garza’s legal fees.
In response, Travis County spokesperson, Hector Nieto, explained that meetings held in Executive Session are bound by attorney-client privilege and therefore confidential. He reiterated that the payment was authorized because the Commissioners Court determined it served a legitimate public interest after finding “the acts asserted in the suit were conducted in good faith.”
Margaret Gomez, Precinct 4 Commissioner, chose to abstain from voting, transcripts show.
We reached out to Gomez regarding her decision to abstain from voting and are currently waiting for a response.
Less than two weeks before the commissioners meeting, Dib Waldrip, the 433rd District Judge in Comal County and Presiding Judge of the 3rd Administrative Judicial Region, accepted the petition for consideration and appointed Bell County Attorney Jim Nichols to represent the State as the special prosecutor on the case.
The first hearing in the case was moved from May 16 to May 31 following an agreed motion for continuance filed by Nichols on May 3.