News & Press Releases

Media Contact: Josh@Delanoye.com | 409-242-5430

HOUSTON, TX - FOR IMMEDIATE RELEASE November 7, 2025 - The Board of Disciplinary Appeals (BODA), appointed by the SupremeCourt of Texas, has dismissed two grievances filed against former Harris CountyDistrict Attorney Kim Ogg.  One was filed by criminal defense attorneys representing two defendants accused of the rape and murder of 12-year-old Jocelyn Nungaray and one was filed by Joshua Reiss, General Counsel for the Harris County District Attorney’s Office. BODA held that none of the actions complained of constituted professional misconduct. The dismissals, issued October 30, 2025, are final and not subject to appeal.

“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 stemmed from Ogg’s public comments as District Attorney as well as afterward about the death penalty prosecutions of Franklin Peña and Johan Jose Martínez-Rangel, cases that drew national media attention and were cited by President Trump in support of his stance on illegal immigration and violent crime in his State of the Union speech and elsewhere.

The grievances alleged Ogg had violated the trial court’s ‘gag’ order, prejudicing the defendants’ right to a fair trial. The court subsequently 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.

“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.  

###

Q&A on this story:

Who is Kim Ogg?

Kim Ogg served two terms as Harris County District Attorney, leading the largest prosecutor’s office in the Southwestern United States. From 2017 - 2024, her Administration filed approximately 850,000 criminal cases, including more than 3,500 murders.

What was the Jocelyn Nungaray case?

The case involves the 2024 rape and murder of 12-year-old Jocelyn Nungaray, whose body was discovered in a north Houston bayou. The killing shocked Texans and drew national attention when Franklin Peña Ramos and Johan Jose Martínez-Rangel, were arrested and charged with capital murder.

What is the Board of Disciplinary Appeals (BODA)?

BODA is an independent tribunal appointed by the Supreme Court of Texas to review attorney-disciplinary matters. Its decisions are final and not subject to appeal.

What were the complaints about?

The grievances alleged that Ogg violated a ‘gag’ order in the Jocelyn Nungaray case by making public comments while DA as well as afterwards. BODA found no professional-misconduct violation.

What is a gag order?

‍A ‘gag’ order is a court directive restricting attorneys and parties from making public statements that could influence a jury or compromise a fair trial.

Why does this matter for Houston and Harris County residents?

The dismissal reinforces the balance between a free press and fair-trial rights, and underscores that prosecutors may address issues of public concern without fear of politically motivated retaliation.