You can run, but you can’t hide.
A hearing to determine whether former district attorney Kim Ogg should be held in contempt of a court order is likely to be on hold until after Gov. Greg Abbott’s special legislative session is over.
Ogg’s attorney for the contempt hearing, Mitch Little, is a Texas state representative who will attend the special session with topics ranging from improving early warning systems in the wake of the deadly Hill Country floods, potential redistricting and the end of STAAR testing. He has since asked Judge Josh Hill to postpone the July 28 hearing, according to court records.
The hearing will determine whether Ogg violated a court order limiting extrajudicial remarks about the two men accused of killing 12-year-old Jocelyn Nungaray.
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Little requested the delay Wednesday in order to participate in the special session, which begins July 21 and is expected to last 30 days. A judge had not signed off on his request as of Thursday.
“It will be difficult for me to be available to respond to discovery, attend hearings, and prepare for trial without interfering with my legislative obligations,” Little wrote.
State law allows the court to put a civil or criminal case on hold until 30 days after the legislative session ends if one of the attorneys is an elected lawmaker participating in those proceedings, meaning the hearing could happen in late August or later.
See here for the previous update. This is a routine request so I expect it will be granted. I will note that Mitch Little is not just a Republican State Rep, he’s one of the bigger wingnuts among them. Just some idea of who Kim Ogg is palling around with these days. And while this is a routine request, it is one that some attorneys who are not state legislators have complained about in the past, on the grounds that they and their clients have been jerked around by these delays. I don’t expect that to be a big deal in this case. It may get pushed back a month or two, but this hearing will happen.