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District Attorney Press Releases

Posted on: October 9, 2019

Statement on Plea to the Jurisdiction Ruling in Bexar County Precinct Two Litigation

 

A Bexar County District Court today heard a plea to the jurisdiction filed by attorneys from the Bexar County Criminal District Attorney’s Office, who represented Bexar County in this matter.

 

Former Bexar County Precinct 2 Constable Michelle Barrientes Vela previously filed a legal action to prevent the newly-appointed constable from taking office.  The former constable alleged that her previous statements to the media that she planned to run for Bexar County Sheriff in 2020 did not trigger the “resign to run” provision of the Texas Constitution. 

 

Judge Martha Tanner considered the arguments of counsel, determined the court had no jurisdiction over the claims asserted by former constable Barrientes Vela, and dismissed her entire lawsuit. In addition, a previously issued Temporary Restraining Order was dissolved. As a result of the judge’s order, the hearing on this case formerly scheduled for Friday is canceled.  According to Larry Roberson, chief of the Civil Division of the Criminal District Attorney's Office, the Bexar County Commissioners Court may now move forward with investiture of the new Constable for Precinct 2.

 

Constable Barrientes Vela, through her legal counsel, agreed to vacate her office by 8 a.m. on Thursday, Oct. 10, 2019.  

 

Because a criminal investigation remains pending, the Bexar County Criminal District Attorney’s Office can make no further comment on the court ruling.

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