JO ANNE BERNAL

EL PASO COUNTY ATTORNEY

EL PASO COUNTY COURTHOUSE
500 E. SAN ANTONIO, ROOM 503
EL PASO, TX 79901

PRESS RELEASE No. 202205

FOR IMMEDIATE RELEASE For More Information Contact:

Monday, November 28, 2022 Elhiu Dominguez
Special Projects Coordinator
Visit the Press Releases Archive at: Phone: (915) 546-2016
http://www.epcounty/CA Cell: (915) 472-1354
Follow us on Twitter @EPCountyAttney Elhiud@epcounty.com

REMARKS BY EL PASO COUNTY ATTORNEY JO ANNE BERNAL

AT TODAY’S HEARING

As you know, DA Rosales has announced her intent to resign from office. The lawsuit to
remove her from office remains pending. Upon the effective date of her resignation (December
14, 2022), my office will move to dismiss the removal proceedings. Because the lawsuit remains
pending, I will not comment further on that litigation, but I do want to thank my team for the work
they have done to get us this far.

Under the best of circumstances, holding public office is difficult. I appreciate that DA
Rosales’ decision to resign was a difficult one. It is time, however, that we all focus on ways in
which we can work together to improve and repair the criminal justice system in El Paso and
ensure a smooth transition to the next DA administration. The needs of the victims, our community
and stakeholders must be our primary focus.

It is important to understand the process going forward. Under Texas law, a district attorney
who wishes to resign:

1. Must resign in writing and tender her resignation to Governor Abbott.

2. The resignation becomes effective upon the Governor’s acceptance of her resignation or
the expiration of 8 days, whichever is first.

3. Even after her resignation becomes effective, Ms. Rosales remains in office as a “hold-
over” office holder. In holdover status she remains free to exercise all her duties and powers
until the Governor appoints her successor.

4. The Governor, in his sole discretion, chooses her successor who must be a licensed attorney
5. The candidate must meet the following qualifications:
a. Be at least 18-years of age
b. Be a registered voter
c. Have resided in Texas more than 1 year, and at least 6 months inside the district
d. Be a practicing lawyer.
e. Not convicted of a felony
f. Not determined to be incompetent by a Probate Court

The DA’s announced resignation does not mean the automatic dismissal of any criminal
cases. She remains responsible for ensuring the continued prosecution of existing cases. The
community and victims, in particular, should understand that the law provides for a transition to
ensure the protection of the criminal cases pending in this district.

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