AUSTIN (KXAN) — The plaintiff who filed the current petition to remove Travis County District Attorney José Garza from office, has filed a new motion in the case requesting the appointed Bell County prosecuting attorney, Jim Nichols, be replaced “on grounds of incompetence,” court records show.
The request from Mary Dupuis comes days after Nichols filed a motion last Friday to dismiss the case.
KXAN attempted to reach Nichols for comment. This story will be updated when a response is received.
According to the new motion, the plaintiff cited difficulties reaching Nichols on the phone or email to inform him of new evidence she acquired since initially filing the petition and her intent to revise her petition to include new information related to Garza’s policies.
KXAN reached out to Garza’s story and will update this story if a statement is received.
Dupuis’ motion also asks the presiding judge to grant a 30-day continuance to allow her the opportunity to amend the petition to include the new evidence which allegedly offers “new grounds for removal.”
Presiding Judge Dib Waldrip, who is assigned to oversee the petition to remove Garza has yet to file a response to this motion, however a notice filed Tuesday morning in response to Nichols’ motion to dismiss the case gave the county attorney and Garza’s council 30 days to provide support for the dismissal.
