EL PASO, Texas (KTSM) — County Attorney JoAnne Bernal’s office filed a State’s Motion to Restyle case in the removal petition against elected District Attorney Yvonne Rosales Tuesday, effectively removing local attorney Omar Carmona as a party to the lawsuit.

Bernal filed her office’s intent to proceed in the removal of DA Rosales on November 1, effectively making the County Attorney’s Office the prosecutor in the civil suit. Carmona initially filed the petition to remove Rosales as District Attorney on August 24, 2022.

In Tuesday’s motion, Bernal requested the court restyle the case and add her as the official Prosecutor of Record versus Yvonne Rosales In Her Official Capacity as District Attorney of the 34th Judicial District.

The removal of Omar Carmona from the petition would mean he is no longer a party, thus leaving an essential element of Rosales’ claim that Carmona harbored a personal vendetta against her as a defense in the case in question. Carmona’s wife, Dana, was previously employed by District Attorney Jaime Esparza’s office. She left the office at the beginning of Rosales’ tenure and is now employed at the County Attorney’s office.

Judge Tryon Lewis scheduled a hearing Thursday morning in the 346th District Court. The hearing is intended to establish discovery control timelines, pleading and motion filing deadlines, settings for hearing of motions that have been filed, and other necessary pre-trial settings.

A jury trial date for Rosales’ removal is currently set for March 13, 2023.