in Re Jason Miears ( 2009 )

i i i i i i
MEMORANDUM OPINION
No. 04-09-00700-CR
IN RE Jason MIEARS
Original Mandamus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: November 18, 2009
PETITION FOR WRIT OF QUO WARRANTO DISMISSED FOR LACK OF JURISDICTION
On October 29, 2009, relator Jason Miears filed a petition for writ of quo warranto, asking
this court to issue a writ of quo warranto directing District Attorney Susan Reed to show why she
has existing authority over his criminal case due to her failure “to uphold the standards of ethics
provided by attorneys that are required by oath to be able to practice law.”
Quo warranto may be used by the State, acting through the attorney general or a district or
county attorney, to challenge the right of a public official or corporate officer to hold office. See
TEX . CIV . PRAC. & REM . CODE ANN . §§ 66.001-.002 (Vernon 2008). The petition must state that
the information is sought in the name of the State of Texas. Id. § 66.002(b). Accordingly, relator
1
… This proceeding arises out of Cause No. 2009-CR-6566, styled State of Texas v. Jason Miears, in the 379th
Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-09-00700-CR
has no standing to bring an action in the nature of quo warranto in his own name. Furthermore,
while quo warranto may be used to challenge the right of an officer or official to hold office, it may
not be used to challenge the legality of their action when in office. See Newsom v. State, 922 S.W.2d
274, 278 (Tex. App.—Austin 1996, writ denied). Thus, relator cannot challenge the District
Attorney’s actions through a writ of quo warranto. Finally, our writ power is limited to issuing writs
of mandamus and all other writs necessary to enforce our jurisdiction, which does not include a writ
of quo warranto. See TEX . GOV ’T CODE ANN . § 22.221(a) (Vernon 2004).
Based on the foregoing, we dismiss relator’s petition for writ of quo warranto for lack of
jurisdiction. TEX . R. APP . P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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