EL PASO, Texas (KTSM) – El Paso County Attorney Jo Ann Bernal filed a motion on Monday requesting additional time to make a decision on whether her office will dismiss or prosecute the case to remove El Paso County District Attorney Yvonne Rosales.

In the filing, Bernal claims that despite the court granting the application Rosales to be cited in the case, process servers were unable to formally serve the citation to Rosales until Monday.

The judge originally ruled that County Attorney Bernal would need to file a notice with the court on whether they intended to prosecute the suit or dismiss it within ten days after Rosales was served.

Bernal is asking judge Tryon Lewis to extend her deadline to November 1, 2022 in order to give her additional time to make a decision due to the “complex legal and factual nature of the arguments raised by” Omar Carmona’s petition to remove the district attorney.

According to court documents, Rosales’ attorney was served on Monday morning, starting the 10-day timeline for Bernal to file either a notice of the State’s intent to prosecute, or to dismiss the suit

As KTSM previously reported, on August 24, defense attorney Omar Carmona filed a petition seeking Rosales’ removal from office on accusations of “official misconduct and continued incompetence.

On Monday, District Attorney Rosales also asked El Paso County Commissioners during Commissioners Court to consider paying her legal fees in the case of her removal.

Commissioners voted against the item after Rosales requested the discussion happen during Executive Session.

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