Texas Supreme Court rules on case of fired Nueces County prosecutor

Eleanor Dearman | Corpus Christi

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Editor's note: This story has been updated to reflect that the Supreme Court of Texas affirmed the trial court's judgement in this case.

The Supreme Court of Texas agreed with a trial court's decision to dismiss a case involving a former Nueces County prosecutor who claims he was wrongfully fired.

Former Assistant District Attorney Eric Hillman says he was wrongfully fired because he refused to withhold evidence from the defense while working as a prosecutor under former District Attorney Mark Skurka.

Skurka has refuted the claim and a lawyer representing him has said in court Hillman was instead fired for making inappropriate comments to women.

A Nueces County district court judge dismissed the case in 2015, and it was appealed to the 13th Court of Appeals. That court affirmed the decision, court records show. In July 2017, the Texas Supreme Sourt was asked to take a look at the case on Hillman's behalf.

Last month, the court agreed to review the case. Oral arguments were set for late October. Each side had 20 minutes to make their case, court documents show.

Following those arguments, the court on Friday decided to affirm the trial court's judgement.

"Because we agree with those courts that governmental immunity bars the suit, we also affirm," the order states.

More: Judge dismisses suit against county, DA

In 2013, Hillman was assigned to prosecute David Sims, who was charged with intoxication assault and leaving the scene of a crash.

When he preformed an independent investigation, Hillman located a witness who was not in police reports, but Hillman was instructed by his supervisor to not release that information to defense lawyers, according to allegations in Hillman's petition for review.

When he later went back to his supervisor and said he'd be releasing the evidence to the defense, she told him "to decide if you want to be a prosecutor or defense attorney," according to the petition.

On the day the case was set for trial in January 2014, Hillman was fired by Skurka for "failing to follow instructions," according to court filings.

One issue in dispute is whether an exception to a state law extends to government workers. That exception protects employees from being fired if the sole reason is that the employee refusing to perform an illegal act.

Nueces County Attorney Laura Garza Jimenez said the higher court taking up the appeal would not address the case's merits but rather what lawsuits can move forward against governmental entities.

"This is a very important case because it affects the protections given to governmental entities from suits (and) governmental immunity in employment matters," Jimenez said. "The county is getting support from other jurisdictions who will be filing amicus briefs in this case.”

More: Innocence Project weighs in on firing of Nueces County prosecutor

The Innocence Project is backing Hillman. The group filed a brief with the court in March urging the court to review the case and reverse the decisions of the lower courts.

"It seems as though, even though this is technically an employment law case, it fits right within the heart of what we at the Innocence Project try to accomplish, which is ensuring that all players in the justice system follow the law," Senior Staff Attorney Nina Morrison said in March.