A district court judge dismissed the petition seeking to remove Tarrant County Judge Tim O'Hare from office, ruling the allegations fell short of proving official misconduct.

Judge James S. Johnson of the 431st Judicial District Court tossed the case Monday, Sept. 21, less than two weeks after former state Rep. Lon Burnam filed it, as first reported by the Fort Worth Report. Burnam, 73, alleged O'Hare committed misconduct by repeatedly ejecting speakers from Tarrant County Commissioners Court meetings.

Johnson wrote that Burnam's claims amounted to a dispute about the lawful scope of meeting control, not official misconduct or incompetency.

O'Hare, a Southlake attorney seeking a second term as county judge, celebrated the ruling in a campaign news release. The release called Burnam a "radical activist" and said the dismissal left him responsible for the costs of the removal effort.

Reached by phone on the afternoon of Sept. 21, Burnam told the Fort Worth Report he needed to consult his attorney before commenting.

The dispute traces to an Aug. 4 Commissioners Court meeting. O'Hare ordered everyone except county staff and reporters to leave the courtroom after some attendees laughed and clapped. Burnam, who had criticized O'Hare for not allowing a previous speaker to hold the microphone as a disability accommodation, refused to leave. Four sheriff deputies carried him out by his wrists and ankles.

According to Burnam's petition, O'Hare then issued a criminal trespass warning banning Burnam from commissioners court for 180 days. Burnam filed the removal petition Sept. 9, arguing O'Hare labels critical public comments as "disruptions" to justify removing speakers.

At a True Texas Project meeting on or around Sept. 15, O'Hare dismissed criticism of his handling of public speakers. "Do you think we should just stop the meeting until they decide to stop being a wet noodle? … No, but these outfits will write stories about how bad I am," O'Hare told attendees, referring to Burnam's removal, the Fort Worth Report reported.

The civil case is closed. Burnam still faces two criminal charges from the Aug. 4 meeting: hindering proceedings by disorderly conduct, a Class A misdemeanor, and disrupting a meeting or procession, a Class B misdemeanor. The first charge carries up to 365 days in jail and a $4,000 fine. The second carries up to 180 days and a $2,000 fine.

Burnam represented Tarrant County in the Texas House for 18 years as a Democrat. He supports O'Hare's November opponent, Democratic Commissioner Alisa Simmons. No next court date for Burnam's criminal charges has been announced.