Currently serving a 45-day jail sentence after pleading guilty to driving while intoxicated, Travis County District Attorney Rosemary Lehmberg has said she won’t resign from office. But a judge on April 22 issued an order allowing a removal lawsuit to proceed.

In his April 18 second amended petition in The State of Texas Ex Rel. Kerry V. O’Brien v. Rosemary Lehmberg, Austin employment law solo Kerry O’Brien asks the court to temporarily suspend Lehmberg, appoint a temporary DA and to remove Lehmberg from office after a trial of the removal suit.