A Travis County district judge signed an order Monday that allows an Austin attorney’s petition to remove District Attorney Rosemary Lehmberg from office after her drunken driving arrest to continue to work its way through the legal system.
Kerry O’Brien, a former assistant state attorney general and administrative law judge for the Texas Workforce Commission, submitted the petition last week under a rarely used state law that allows the removal of a district attorney for intoxication. Unlike other civil lawsuits, a suit to remove an elected official requires a judge to approve the plaintiff’s application to issue a citation before the petition can be served to the defendant.
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