The Board of Disciplinary Appeals has dismissed two grievances filed against former Harris County District Attorney Kim Ogg, finding that none of the actions complained of constituted professional misconduct.
The dismissals, issued Oct. 30, 2025, are final and not subject to appeal.
One grievance was filed by criminal defense attorneys representing two defendants accused of the rape and murder of 12-year-old Jocelyn Nungaray.
The other was filed by Joshua Reiss, General Counsel for the Harris County District Attorney’s Office. BODA determined that none of the actions complained of constituted professional misconduct. The dismissals, issued Oct. 30, 2025, are final and cannot be appealed.
“I’m grateful the Board of Disciplinary Appeals upheld the rule of law and my First Amendment rights as Harris County’s former Chief Prosecutor and as a private citizen. I also want to thank the excellent lawyers who defended me and ensured that attorney oversight in Texas remains guided by evidence, not politics,” Ogg said.
Josh Reiss, General Counsel for the Harris County District Attorney’s Office, added, “Bar complaints, attorney-client communications, and information regarding ongoing criminal investigations, are confidential. We are honoring the court’s gag order and hope Ms. Ogg will do the same.”
The grievances stemmed from Ogg’s public comments as District Attorney and afterward regarding the death penalty prosecutions of Franklin Peña and Johan Jose Martínez-Rangel.
Those cases drew national media attention and were cited by former President Trump in support of his stance on illegal immigration and violent crime.
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“These dismissals confirm what we’ve maintained all along, that former DA Ogg did nothing unethical or improper in speaking publicly about a case of enormous public concern,” said Jennifer Hasley, one of Ogg’s attorneys.
The grievances alleged that Ogg had violated the trial court’s gag order, potentially prejudicing the defendants’ right to a fair trial. The court later ordered Ogg to appear at a show-cause hearing to determine whether she should be held in contempt.
“As district attorney, her duty was to seek justice and protect the people of Harris County. She should never have had to defend her right to stand up for crime victims. Because the State Bar grievances alleged the same content as the complaints underlying the contempt allegation, we’ll be filing a motion to dismiss that action shortly,” said Michael Wynne, another of Ogg’s attorneys.
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