Former state Rep. Lon Burnam filed a petition Wednesday, Sept. 9, asking a district judge to remove Tarrant County Judge Tim O'Hare from office for official misconduct.

The petition alleges O'Hare abused his authority by expelling speakers from Commissioners Court meetings and banning them from returning.

It lands less than two months before O'Hare faces Democratic Commissioner Alisa Simmons in the Nov. 3 county judge election.

Burnam, a Democrat who represented Tarrant County in the Texas House for 18 years, is himself facing two misdemeanor charges stemming from the same Aug. 4 Commissioners Court meeting at the center of his petition.

He filed the removal request one day before appearing in court Thursday, Sept. 10, on those charges.

What happened Aug. 4

During public comment at the Aug. 4 meeting, Burnam picked up the microphone after criticizing O'Hare for denying a previous speaker a disability accommodation.

O'Hare ordered deputies to remove Burnam. Burnam lay down on the floor and was carried out by his wrists and ankles, the Fort Worth Report reported.

The petition also cites O'Hare's removal of podcast host EJ Carrion from the same meeting after Carrion used a profane word during public comment. Carrion was arrested a week later. O'Hare also ordered all attendees to leave the room when some laughed after he told them not to.

"Contrary to what some of you may think, I have no interest whatsoever in throwing people out of a room," O'Hare said from the dais on Aug. 4, after clearing the courtroom, according to the Fort Worth Star-Telegram.

Burnam's petition alleges O'Hare deliberately used his office to have Burnam removed and issued a 180-day criminal trespass warning barring him from meetings.

It asks a district judge to temporarily suspend O'Hare, arguing he could continue to silence critics while the case is pending.

The Texas Constitution allows a district judge to remove a county officer for official misconduct if the cause is set forth in writing and found true by a jury. Under state law, official misconduct includes intentional, unlawful behavior related to official duties.

Burnam's attorney, Tiffany Burks, said Sept. 10 that she expects the criminal and civil cases to complement each other and present a clear picture of why the removal is warranted. Burks is also a candidate for Tarrant County district attorney in November.

O'Hare's camp responds

Ruth Ray, O'Hare's chief of staff, called the petition "a sad political stunt" and said it would not succeed. She noted the filing contained uncleaned AI-generated links.

District Attorney Phil Sorrells said his office would address the legal arguments in court, not through the media.

O'Hare already faces two federal First Amendment lawsuits over his handling of public comment. Fort Worth pastor Mark Kirkland sued after being removed from a meeting in December 2025. Attorney CJ Grisham filed a separate suit after his removal in January 2025 for using profanity. Each lawsuit seeks $250,000 in damages, KERA News reported.

Both cases are paused pending a U.S. Fifth Circuit Court of Appeals decision. O'Hare received qualified immunity in Kirkland's suit, though the case continues against Tarrant County.

Burnam faces a charge of hindering proceedings by disorderly conduct, a Class A misdemeanor punishable by up to 365 days in jail and a $4,000 fine. He also faces a charge of disrupting a meeting, a Class B misdemeanor carrying up to 180 days and a $2,000 fine.

His attorney has filed a motion to quash the evidence, calling it "sloppy" and citing errors including incorrect dates. If granted, both charges could be dismissed.

About 30 supporters gathered outside the courtroom after Burnam's Sept. 10 hearing. No date has been set for a ruling on the motion to quash or for a district judge to act on the removal petition.