The lawsuit claims DA Kelly Higgins is refusing to prosecute cases of simple drug possession and low-level marijuana offenses and where doctors have illegally treated transgender patients or performed abortions.
claims Higgins demonstrated “intentional, corrupt failure and neglect of his duties" by refusing to prosecute cases of simple drug possession and low-level marijuana offenses, and where doctors have illegally treated transgender patients or performed abortions.
“Allowing him to continue as District Attorney undermines the very laws of our state that he swore to uphold,” the lawsuit reads. “These same laws were laws that he was charged to defend and instead he abused his official capacity to counteract our legislature thus undermining our process itself.”he would not use taxpayer funds to prosecute these types of cases and aimed to reduce Hays County's jail population.
"This is a matter of conscience for me. ... I cannot charge medical patients with crimes," he said on his website about prosecuting abortion cases."Only the presence of other criminal activity, such as human trafficking, could provoke prosecution by my office."have made similar stances to not prosecute cases related to abortion, elections or marijuana possession.
Republican lawmakers said this law would help rein in"rogue" district attorneys in left-leaning counties. Both Anderson and Higgins are newly elected and began their terms in January. Anderson, who graduated from Dripping Springs High School in 2021, unseated a three-term incumbent at only 19 years old.
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