A petition to remove Republican Tarrant County Judge Tim O’Hare from office was dismissed Monday morning by a district court judge. The ouster request was filed by former state Rep. Lon Burnam, who O’Hare’s campaign called a “radical activist,” after he was kicked out and arrested for disturbing an Aug. 4 Commissioners Court meeting.
Judge James Johnson, of the 431st Judicial District Court, dismissed the petition because the facts presented by Burnam were not “sufficient to constitute official misconduct or incompetency,” according to the legal document.
Burnam has a related lawsuit against O’Hare and the county in federal court as well as a request to dismiss the charges placed against him for disrupting a meeting and disorderly conduct.
The 73-year-old was ejected from the Comissioners Court meeting by O’Hare for picking up the public comment microphone during his allotted minute. Burnam did so as a form of protest because O’Hare kicked out another speaker, Base Mego, shortly before for picking up the microphone as a soothing tactic. Mego has autism and had gotten prior permission to hold the microphone.
When O’Hare told sheriff’s deputies to remove Burnam, he laid on the floor and the deputies had to carry him out by his limbs.
The Monday dismissal does not require O’Hare to respond to the filing, as requested by Burnam. O’Hare’s campaign called the decision a win for the county judge.
Burnam’s defense attorney, Tiffany Burks, did not respond to the Star-Telegram’s request for comment. Burks is running against Republican District Attorney Phil Sorrells for his county seat in the November election.
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Rachel Royster is a news and government reporter for the Fort Worth Star-Telegram, specifically focused on Tarrant County. She joined the newsroom after interning at the Austin American-Statesman, the Waco Tribune-Herald and Capital Community News in DC. A Houston native and Baylor grad, Rachel enjoys traveling, reading and being outside. She welcomes any and all news tips to her email.