Federal appeals court upholds firing of DA employee over political differences News
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Federal appeals court upholds firing of DA employee over political differences

The US Court of Appeals for the Fifth Circuit ruled Friday that a Texas District Attorney did not violate the First Amendment when he fired his crime victim unit coordinator because of political differences.

The court held that District Attorney Omar Escobar, Jr. was justified in his actions because political affiliation is an appropriate requirement of the coordinator’s position. “[The coordinator’s] political affiliation and actions disrupted the work of the DA’s office.”

The court explained that Escobar lost his trust in [his coordinator] as a result of her political actions, emphasizing that he was unable to place “absolute confidence in her performance of her vital statutory duties.”

Bernice Garza, the crime victim unit coordinator, aided Escobar in his 2012 campaign and his 2016 reelection campaign for district attorney. Escobar expressed his discontent with Garza’s sister, who ran for county judge in 2017. Escobar disagreed with Garza’s sister on political views, feared her desire for public office would disrupt his own political plans, disagreed with a decision Garza made as a member of a school board and blamed Garza for an assistant district attorney’s decision not to run for a judgeship.

“Garza’s lack of loyalty led to a deterioration of her working relationship with Escobar, and to her eventual defiance of his instructions,” the court explained.

In 2018 Garza requested leave to work on her sister’s campaign. Upon her return to Escobar’s office, she was informed that she was suspended without pay, pending an election fraud investigation.

“Garza oversaw the office’s work with victims and their families. In performing those duties, Garza was representing Escobar, the elected DA. He was thus entitled to her loyalty.”