Travis County Attorney David Escamilla has filed a new lawsuit against Travis County District Attorney Rosemary Lehmberg, seeking to remove her from office because of her conviction for drunk driving.
He also nonsuited another removal lawsuit that Austin lawyer Kerry V. O’Brien had filed as a relator. In that earlier suit, Escamilla represented the state, which was the plaintiff.
"There have been a number of procedural and pleading questions raised in relation to this lawsuit. Plaintiff wishes to proceed with this litigation without being subject to challenge over such questions," says the April 29 Plaintiff’s Notice of Non-Suit in The State of Texas Ex. Rel. Kerry V. O’Brien v. Rosemary Lehmberg.
Escamilla declines comment about whether he intends to take the suit to trial.
Mauzy & Tucker partner Catherine Mauzy, who says she’s co-counsel for Lehmberg in the removal suit, didn’t immediately return a telephone call seeking comment.
Escamilla’s new removal suit seeks to remove Lehmberg under Texas Local Government Code §87 for "Intoxication on or off duty caused by drinking an alcoholic beverage," according to the April 29 original petition in The State of Texas On the Relation of David A. Escamilla v. Rosemary Lehmberg. The suit notes that Lehmberg on April 19 pleaded guilty to Class A misdemeanor driving while intoxicated that was committed on April 12.
The suit asks Travis County’s 98th District Court to temporarily suspend Lehmberg, appoint someone to perform her duties and to remove her from office after a trial.
On April 29, Judge Lora Livingston ordered the Travis County District Clerk’s office to issue citation on Lehmberg. Texas Local Government Code §87 requires a judge to order citation for a removal suit to proceed.
O’Brien was not immediately available for comment.