AUSTIN (KXAN) - The trial scheduled for Monday in the effort to remove Travis County District Attorney Rosemary Lehmberg has been waived, but is still expected to go before a judge in December.
Monday's proceedings would have taken place before a jury picked to decide whether or not Rosemary Lehmberg was intoxicated.
Removal hearings for district attorneys can take place in cases of alleged:
1. Official misconduct
3. Intoxication on or off-duty.
Since Lemberg's intoxication on the night she was arrested for driving while intoxicated is not being questioned, the sides agreed to move towards the second portion of the trial which will determine whether or not she should be removed.
Lemberg pleaded guilty to DWI.
A judge will hear evidence from both sides before making a ruling. A jury will not be necessary.
Lawyer Kerry O'Brien has been seeking Lehmberg's removal over her arrest in April for driving while intoxicated. Lehmberg pleaded guilty to the charge and spent 22 days of a 45-day jail sentence behind bars. She has said she plans to complete the term that ends after the 2016 elections and then retire.
If she were to leave office before that, her replacement would be appointed by Gov. Rick Perry, a Republican.
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