Texas District Attorneys Sue AG Ken Paxton Over New Record Rules

In a significant legal move, five district attorneys in Texas have filed lawsuits against state Attorney General Ken Paxton. They are contesting recent directives that grant his office extensive authority to access case records from their offices.

Background of the Lawsuit

The lawsuits, filed on a recent Friday, argue that the rules instituted in April represent an unconstitutional extension of power, infringing upon the separation of powers. According to The Texas Tribune, the district attorneys from Dallas, Bexar, and Harris counties have joined forces in one lawsuit, while those from Travis and El Paso counties are involved in another.

Implications of the New Rule

This new regulation affects counties with populations exceeding 400,000, specifically targeting only 13 out of Texas’ 254 counties. It mandates that district attorneys furnish all documents, communications, and even confidential information related to their cases.

Details of Compliance

• Required submission of all relevant documents and correspondence.
• Quarterly reports to the attorney general on various topics, including:
• Indictments of police officers
• Election code violations
• Internal funding policies

Concerns Regarding the Rule

Dallas County District Attorney John Creuzot emphasized the damaging impact of these requirements on their prosecutorial duties, stating, “The rule’s extremely burdensome reporting requirements will cause district attorneys’ offices to divert resources and staff away from core prosecutorial roles and responsibilities, which harms public safety and the administration of justice.” He also highlighted the financial strain the rule could impose on taxpayers.

Attorney General’s Defense

In response, Paxton’s office has defended these changes as necessary for accountability, asserting they aim to address the actions of district attorneys who allegedly refuse to enforce the law adequately. Non-compliance could result in charges of official misconduct against district attorneys.

“District and County Attorneys have a duty to protect the communities they serve by upholding the law and vigorously prosecuting dangerous criminals,” Paxton stated in March. He further added that the rule was designed to enhance public safety by holding district attorneys accountable.

Reaction to the Lawsuits

In light of the recent legal actions, Paxton remarked that it was unsurprising for district attorneys, whom he labeled as “rogue,” to resist transparency. He characterized the lawsuits as a distraction from their responsibilities and a desperate attempt to avoid scrutiny.

Conclusion

The outcome of these lawsuits could have significant implications for the relationship between Texas district attorneys and the attorney general’s office, as well as the functioning of the justice system in the state. As legal battles unfold, both sides continue to prepare for what could be a pivotal confrontation regarding prosecutorial autonomy and accountability.