The shear volume of ways this type of power could be abused or misused is insane Basically make the AG a mini dictator over the entire Justice system of the State with absolute power.
Proposed rules would give Texas Attorney General Ken Paxton access to DA case files, policy documents
DALLAS — Texas Attorney General Ken Paxton will seek case files, correspondence with federal authorities and policy documents from urban-area district attorneys under expansive rules his office proposed last week.
Paxton’s office seeks to require district attorneys in Texas’ most populated counties to provide investigative files for cases involving indicted police officers, poll watchers and defendants claiming they acted in self-defense.
The proposed rules would expand the power of the attorney general office’s by giving Paxton unprecedented access to district attorneys’ prosecutorial decisions and policies.
Dallas County District Attorney John Creuzot, a Democrat, called the proposed rules an “overbroad” burden on his office and said allegations of wrongdoing by prosecutors should be aired in a courtroom.
“Is the purpose of getting the file to call us and give us some help? Are we going to analyze [the case] from Austin and say, ‘Hey, we have some suggestions for you?’” Creuzot, a former judge and trial lawyer, told The Dallas Morning News.
He added: “I don’t know that the attorney general has the skills to try an important criminal case.”
In addition to case files, Paxton wants access to prosecutors’ communications with federal authorities.
DAs who fail to comply with the new rules would be subject to lawsuits, misconduct allegations and removal from office.
The rules are subject to a 30-day comment period, which began last week, and adoption is left solely to the attorney general’s office. The earliest they can be adopted is April 8.
“District attorneys who choose not to prosecute criminals appropriately have created unthinkable damage in Texas communities,” Paxton said in a statement. “Some of these officials have developed an unacceptable pattern of failing to uphold the law and adopting policies that privilege criminals over innocent victims.”
His office said in the news release that expanding the reporting requirements was intended to “promote accountability and rule of law,” including requiring quarterly reports on violent crime and information about district attorneys who choose not to prosecute certain categories of crime.
Paxton has criticized Democratic district attorneys for enacting policies of non-prosecution for certain crimes. Targeted DAs included Creuzot, who during his first term stopped taking first-time, low-level marijuana cases and refused to prosecute misdemeanor thefts of essential items. Creuzot rescinded the misdemeanor theft policy in 2022.
Creuzot and four other urban district attorneys — José Garza of Travis County, Joe Gonzales of Bexar County, Mark Gonzalez of Nueces County, and Brian Middleton of Fort Bend County — issued a statement in 2022 saying they would not prosecute families whose children receive gender-affirming medical care, bucking rules promoted by Paxton and Gov. Greg Abbott.
Also in 2022, the same five DAs signed a pledge with prosecutors nationwide to not prosecute people who “seek, provide, or support abortions.”
In mid-August 2023, on the heels of a law that created a path for removing “rogue” district attorneys from office, Creuzot’s office released new prosecution guidelines that superseded previous policies. The memo says staff will individually review each case filed with the DA’s office and use “prosecutorial discretion in charging and in the final disposition of the case.”
Paxton said the goal of the proposed rules was to promote accountability.
“These enhanced reporting standards will create much-needed transparency and enable the public to hold their elected officials accountable,” he said in a statement. His office did not respond to emails and phone messages seeking comment on the other requirements.
Texas’ Michael Morton Act already requires prosecutors to turn over all favorable evidence to defense attorneys and keep a record of the information disclosed. Creuzot said that law allows defense lawyers to handle alleged prosecutorial misconduct “right there in the courtroom.”
“We’re struggling to process and do every case and complete and make certain that the defense is fairly apprised of everything and they can do their jobs,” said Creuzot, whose office receives about 60,000 cases a year. “I don’t think I have the manpower to do what those rules ask.”
Creuzot said the rules may add undue costs to the county and taxpayers. He also took particular issue with Paxton’s request for case files where an accused person raises a justification of force defense, including “stand your ground” or “castle doctrine” arguments.
“Does that mean that I have to send him the file because somebody said [’self-defense?’]” Creuzot asked. “If so, that’s going to be a lot of files he’s going to get that I don’t know what they’re going to do with. It’s not like he’s going to run down here and help us try the cases, either.”
Paxton is also seeking the case file for any person the governor has announced is under consideration for a pardon. Last year, Abbott said he wanted to pardon Daniel Perry, an Army sergeant convicted of murder for the killing of a Black Lives Matter protester in Austin.
The Travis County district attorney’s office prosecuted Perry, who received a 25-year sentence. An office spokesman said officials had no comment about the proposed rules.
In addition to certain case files, the proposed rules require district attorneys in counties with a population of 250,000 or more to report:
•Correspondence regarding when an office chooses not to indict a suspect state police have arrested on an allegation of a violent crime.
•Policies of non-prosecution of categories of crime.
•Correspondence with federal authorities or nonprofits regarding indictments.
•Records of resignations or terminations where a complaint is made.
The attorney general’s office cites a 1985 law requiring county and district attorneys to report information “that the attorney general desires relating to criminal matters and the interests of the state.”
The AG’s office is accepting comments on the proposed rules via email at OAGRuleCommentsCh56@oag.texas.gov and by mail.
Creuzot told The News he is considering submitting comments during the 30-day window but said, “This needs more than comment, this needs discussion.”
