Lawsuit Challenges Texas Attorney General’s New Rules for Urban Prosecutors

Dallas County District Attorney John Creuzot and two other Democratic district attorneys filed a lawsuit Friday challenging the constitutionality of Texas Attorney General Ken Paxton’s newly adopted rules targeting urban prosecutors.

As of last month, district attorneys who represent counties of more than 400,000 residents — 13 counties, including Dallas, Collin, Denton and Tarrant — must submit reports to the attorney general’s office and turn over select case files to state officials regularly.

The slate of reporting requirements gives Paxton far-reaching access to office policies, communications and internal information. They also offer unprecedented insight into prosecutorial decisions — like whether to indict police officers and poll watchers — and cases where criminal charges were not pursued.

Background on the New Rules

Paxton, a Republican, says the rules rein in what he calls “rogue” DAs: Democratic prosecutors who previously said they would decline cases involving certain crimes. If district attorneys don’t comply, they could face penalties, from lawsuits to being ousted from their offices.

But the trio of DAs — Creuzot, Sean Teare of Harris County and Joe Gonzales of Bexar County — say the reporting requirement overextends Paxton’s power, encroaches on the judiciary and burdens local prosecutors.

Concerns About the Rules

In a news release, Creuzot called the rules “expansive, improper and unconstitutional administrative,” as well as an “onerous unfunded mandate.” He said the reporting requirements violate the separation of power between the executive and judicial branches and waste taxpayer money and resources.

“Paxton should be working with all district and county attorneys in pursuit of justice, not picking fights with the Democrats in large cities,” the statement says.

Response from Attorney General Paxton

Paxton said in an emailed statement that the rules are “a simple, straightforward, common-sense measure.” He described the lawsuit as “meritless” and an attempt by prosecutors to hide information.

“It is no surprise that rogue DAs who would rather turn violent criminals loose on the streets than do their jobs are afraid of transparency and accountability,” Paxton said.

Impact on Communities

Gonzales said in a news release that the reporting requirements “do not make communities safer,” nor do they “identify trends, improve transparency, or enhance public trust.

“Instead, they create barriers that divert limited resources away from what matters most, which is prosecuting violent offenders and protecting our community,” Gonzales’ statement said.

The Lawsuit

The rules will “substantially disrupt Texas’s criminal justice system in the state’s largest jurisdictions, overwhelming prosecutors with excessive reporting obligations, creating legal uncertainty regarding compliance with confidentiality laws,” the more than 50-page filing obtained by The Dallas Morning News says.

“If left in place, the (rule) will erode prosecutorial independence, delay justice for victims, and impose severe financial costs on counties,” reads the lawsuit filed in Travis County.

The suit alleges Paxton does not have rulemaking authority; the attorney general’s office cites a 1985 statute requiring county and district attorneys to report information “that the attorney general desires relating to criminal matters and the interests of the state.”

Seeking an Injunction

The DAs seek an injunction to thwart the enforcement of Paxton’s rules.

Previous Controversies

Creuzot has repeatedly been criticized by Paxton for not taking first-time, low-level marijuana cases and refusing to prosecute misdemeanor thefts of essential items.

In 2022, Creuzot and Gonzales were among five DAs who said they would not prosecute families whose children receive gender-affirming medical care, bucking rules promoted by Paxton and Gov. Greg Abbott. The same group signed a pledge with prosecutors nationwide not to prosecute people who “seek, provide, or support abortions.”

Related Laws and Policies

That law also allows Texas residents to file a petition against locally elected prosecutors for blanket policies not to pursue certain charges or politically-charged offenses.

Two people have sought to remove Travis County District Attorney José Garza from office under the law. Both petitions were dismissed, according to media reports.

No petitions have been filed against Creuzot.

Conclusion

The lawsuit challenging the constitutionality of Texas Attorney General Ken Paxton’s new rules for urban prosecutors highlights the ongoing debate about the role of prosecutors in the criminal justice system. The rules, which require district attorneys to submit reports and turn over case files to the attorney general’s office, have been criticized by some as an overreach of power and an attempt to undermine prosecutorial independence.

Frequently Asked Questions

Q: What are the new rules adopted by Texas Attorney General Ken Paxton?

A: The new rules require district attorneys who represent counties of more than 400,000 residents to submit reports to the attorney general’s office and turn over select case files to state officials regularly.

Q: Why are the rules being challenged in court?

A: The rules are being challenged because they are seen as an overreach of power by the attorney general and an attempt to undermine prosecutorial independence.

Q: What is the potential impact of the rules on communities?

A: The rules could divert limited resources away from prosecuting violent offenders and protecting communities, and instead create barriers that delay justice for victims and impose severe financial costs on counties.