Travis County Attorney David Escamilla on Monday dismissed a lawsuit to remove District Attorney Rosemary Lehmberg from office for drunken driving but immediately filed a new civil case. The new suit is similar to one filed by Austin lawyer Kerry O’Brien shortly after Lehmberg’s arrest off RM 620 this month. But it also seeks to determine whether Lehmberg’s drunken driving was habitual, or whether the recent arrest was the result of a one-time event. The new lawsuit also sought to clear up any procedural problems in the handling of the lawsuit. O’Brien’s original suit was initially served to Lehmberg without the consent of a state district judge, which is required by law. O’Brien is also no longer part of suit; Escamilla must decide whether to take the civil case involving Lehmberg to court. Her future as the county’s top law enforcement official could be decided by a jury.
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