EL PASO, Texas (KTSM) – Application for citation is now on the judge’s desk who needs to decide whether to issue the citation to remove district attorney Yvonne Rosales or deny it.

Attorney Omar Carmona, petitioner for removal of D.A. Rosales, filed an application for citation over the weekend, which is the next step after the petition for removal.

It is now up to a judge in Odessa, who was assigned with the case, to decide whether to proceed with the suit or dismiss it.

In response to Carmona’s citation application the D.A. filed a motion for the judge to dismiss it.

The motion says Carmona was retaliating against the D.A. and that he, as a private citizen, cannot file a petition without the County Attorney Jo Anne Bernal.

C.A. Bernal was unable to comment on this matter as of Tuesday September 6, however, on September 2 she filed a request for a status hearing to determine what, if any, role she would fulfill prior to citation being issued.

KTSM looked up the Texas Local Government Code for filing petition for removal.

Based on KTSM’s findings, the Code does not state any need for the C.A.’s involvement while just filing a petition.

D.A. Rosales also filed a notice on September 2, seeking Bernal to be disqualified from the case.

According to the notice, Rosales accused Bernal, Carmona, attorney Justin Underwood and El Paso Matters CEO and journalist Robert “Bob” Moore for conspiring to remove her from office.

“There was no conspiracy, there was no elaborate plan to do this. Mr.Moore had nothing, Mr. Underwood had nothing with me filing. No discussions occurred between Mr Underwood and myself, between me and Mr. Moore. Again they are grasping for straws, it’s lunacy,” said Carmona in an interview on Tuesday.

KTSM reached out to Robert Moore from El Paso Matters and received a statement from him:

“The district attorney’s filing is an attempt by El Paso County’s top law-enforcement official to use the courts to intimidate and suppress a news organization whose coverage she doesn’t like. This is an assault on the First Amendment that should alarm every person who values free expression and more than 200 years of democratic tradition in this country. Our reporting on the district attorney has been fair, accurate, and necessary.”

KTSM also reached out to D.A. Rosales’s office on Tuesday, September 6. They said D.A. was unable to comment on the situation because it is pending litigation.

If the judge decides to move forward with the citation D.A. Rosales could be facing a trial for her removal.

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