Judge denies Nueces County DA's motion to dismiss removal petition; county to pay legal fees

A judge this week denied a motion to dismiss a petition seeking the removal of Nueces County District Attorney Mark Gonzalez, meaning the politically charged removal proceedings will continue.

The Tuesday ruling in favor of Nueces County Attorney Jenny Dorsey, who is prosecuting the case, comes as the two-term Democratic district attorney has characterized the case as politically motivated. Dorsey is a Republican.

Gonzalez's attorney, Christopher Gale, asked Senior Judge David Peeples to dismiss the case in part on a technicality with the attached affidavit’s form, contending Dorsey's first amended petition was not sufficiently verified.

Typically, the verification for a complaint or petition is attached near the end and contains a statement made under oath. This section usually states the plaintiff has reviewed the complaint and knows or believes all allegations the plaintiff has personal knowledge of to be true.

Previous hearing: Judge to consider petition to remove Nueces DA; county attorney plans to prosecute

Dorsey, in a second amended petition, made a correction to the signature block and "minor edits." In filing this second petition, she asked the judge to deny Gale's motion.

"While the State disagrees with the incorrect characterizations contained in Defendant’s motion, the sole legal matter alleged by Defendant, lack of jurisdiction based on an alleged lack of clarity of the two previously attached affidavits, has been addressed," Dorsey's response reads.

Peeples then denied Gale's motion to dismiss the case, meaning the case would continue toward a trial.

Any Texas resident seeking the removal of an elected official can file such a petition, but state statute requires a state district judge to accept it and the county attorney to agree to try the case for the proceedings to move forward.

The original petition, filed in January by a Nueces County conservative activist, contends Gonzalez should be removed from office on the grounds of incompetence, official misconduct and failure to give bond. Dorsey then amended this petition, removing some allegations of official misconduct.

Legal fees

After first seeking an opinion from the Texas attorney general on the matter, the Nueces County Commissioners Court on Wednesday voted to pay for Gonzalez's legal representation but put a limit on the expense.

Gonzalez was asked to provide a list of attorneys he would prefer to represent him in the removal proceedings. The Commissioners Court would then select one of those attorneys. However, when Gonzalez said he wanted to continue with Gale, one commissioner pushed back on the idea.

Precinct 4 Commissioner Brent Chesney, a Republican, said he would not vote for Gale because Gale has previously represented clients in litigation against the county. Chesney said he viewed this as a conflict barring Gale from representing Gonzalez at the county's expense.

Most recently, Gale for a time represented Dr. Adel Shaker, the county's former chief medical examiner implicated in a criminal probe of the office last year, on matters involving Shaker's employment and retirement.

Gale has also represented clients alleging misconduct in Nueces County's correctional facilities, including two former inmates who accused a corrections officer of brutally assaulting them in 2019 and one man who alleged he was sexually assaulted in the jail in 2016. (The county settled the latter case for $250,000 in 2019.)

Gale, during the meeting, denied there would be a conflict. Gonzalez said he would push for the county to hire Gale.

This article originally appeared on Corpus Christi Caller Times: Judge denies Nueces County DA's motion to dismiss removal petition