Texas Attorney General Ken Paxton Loses Bid to Enforce Reporting Requirements
Texas Attorney General Ken Paxton cannot enforce reporting requirements seeking confidential files and communications from prosecutors in large, urban counties, a Travis County judge ruled this week.
Dallas County District Attorney John Creuzot and two other Democratic district attorneys sued Paxton last month, challenging and asking to halt the slate of rules. The suit has grown to include leaders from Travis, Harris, Bexar, El Paso, Fort Bend and Williamson counties, according to court records.
Creuzot’s office said in a news release the temporary injunction was orally granted at a hearing Monday. The order did not appear in court records late Wednesday.
Background on the Lawsuit
Under the recently adopted rules, district attorneys who represent counties of more than 400,000 residents must submit reports to the attorney general’s office and turn over select case files to state officials regularly.
The slate of reporting requirements give Paxton far-reaching access to office policies, communications and internal information. They also offer unprecedented insight into prosecutorial decisions — such as whether to indict police officers, poll watchers and people who claim they acted in self-defense — and cases where criminal charges were not pursued.
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.
Prosecutors’ Concerns
Notably, Republican Shawn Dick, of Williamson County, is among the prosecutors suing Paxton.
If district attorneys don’t comply, they could face penalties, from lawsuits to being ousted from their offices.
The attorney general’s office did not immediately return an email seeking comment on the ruling. Paxton previously said in a statement the rules are “a simple, straightforward, common-sense measure.” He has described the lawsuit as “meritless” and an attempt by prosecutors to obscure information.
The Lawsuit and Its Implications
In their suit, prosecutors say the reporting requirement overextends Paxton’s power, encroaches on the judiciary and burdens local prosecutors.
The rules will “erode prosecutorial independence, delay justice for victims, and impose severe financial costs on counties,” the 53-page filing says.
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.
Previous Controversies
In 2022, Creuzot and Joe Gonzales of Bexar County 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.”
Creuzot since rescinded the misdemeanor theft policy, and in 2023, on the heels of a law that created a path for removing sitting DAs, Creuzot’s office issued a memo stating staff would individually review each case filed and use “prosecutorial discretion in charging and in the final disposition of the case.”
That law created a path for removing sitting DAs and allows Texas residents to file a petition against locally elected prosecutors for blanket policies not to pursue certain charges or politically charged offenses.
Conclusion
The temporary injunction granted by the Travis County judge is a significant development in the ongoing dispute between Paxton and the district attorneys. The ruling allows the Dallas County’s District Attorney’s Office to focus on doing the business of the office and preserves the separation of powers between the Attorney General and the district attorneys.
Frequently Asked Questions
Q: What are the reporting requirements that Paxton wants to enforce?
A: The reporting requirements would 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 district attorneys suing Paxton?
A: The district attorneys are suing Paxton because they believe the reporting requirement overextends his power, encroaches on the judiciary, and burdens local prosecutors.
Q: What are the implications of the lawsuit?
A: The lawsuit has significant implications for the balance of power between the Attorney General and the district attorneys, as well as the ability of prosecutors to make independent decisions about which cases to pursue.
Q: What is the status of the lawsuit?
A: The lawsuit is ongoing, and the temporary injunction granted by the Travis County judge is a significant development in the case.
