Lehmberg: Removal Suit, Statute Unconstitutional

, Texas Lawyer


Travis County District Attorney Rosemary Lehmberg claims in a May 24 original answer that an attempt to remove her from office for drunk driving, and parts of the Texas statute governing removal, are unconstitutional.

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What's being said

  • ghostofelvis

    I don't live in Travis County and do not know Ms. Lehmberg. I have practiced law for over 40 years, and I know from observation and experience that most lawyers drink a bit, and many have made the same mistake. Mr. Spivey (and Jesus) are right about this one. DWI is a serious offense, and the punishment accepted by Ms. Lehmberg is harsher than any first offense I have ever heard off where no one was injured. Job forfeiture seems much too harsh, and it undermines the right of the people to select their own District Attorney. This woman was elected by the voters. It should be up to the voters to remove her unless she is convicted of a felony. Everything is political now, so the County Attorney has to act lest he be accused of dereliction of duty or cronyism. Perhaps Mr. O'Brien is an abstemious soul who truly believes that he is called by the forces of righteousness to rid Travis County of the people's choice, but if I were a betting man--and I am--I would lay my money on more base motives for his intervention; politics, publicity and client development being the more obvious ones. When and if Ms. Lehmberg stands for re-election she will have to explain her transgression and the voters will weigh it against he balance of her record and the merits of her opponents. Now that this is off my chest I think I will have a drink--when I get home.

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