Texas AG Ken Paxton sued over new rule to rein in ‘rogue’ DAs by allowing him access to their case records

Five Texas district attorneys have taken legal action against state Attorney General Ken Paxton, challenging new rules that would grant his office extensive access to their case records. The lawsuits, filed on Friday, argue that the rule, which has been in effect since April, is an unconstitutional overreach that violates the separation of powers and would create unnecessary burdens for county prosecutors.

The district attorneys from Dallas, Bexar, Harris, Travis, and El Paso counties are united in their opposition to Paxton’s rule. They contend that the rule, which specifically targets counties with at least 400,000 residents, is an infringement on the state constitution and federal law. The rule requires district attorneys to provide all documents and communications produced or received by their offices, including confidential information. This means that any document, correspondence, or handwritten note relevant to a case could be subject to review by Paxton’s office.

Furthermore, the rule mandates that counties submit quarterly reports to the attorney general on twelve different subjects, including information on indictments of police officers, election code violations, internal policies, and the use of funds obtained through civil forfeiture. The district attorneys argue that these reporting requirements are overly burdensome and would divert resources and staff from their core prosecutorial responsibilities, ultimately harming public safety and the administration of justice.

Dallas County District Attorney John Creuzot criticized the rule as a violation of the separation of powers and an unnecessary burden on district attorneys’ offices. Creuzot emphasized that the rule’s reporting requirements would cost Dallas County taxpayers hundreds of thousands of dollars to comply with.

In response, Paxton’s office has defended the rule as a necessary measure to hold “rogue district attorneys” accountable for allegedly failing to uphold the law. District attorneys who do not comply with the reporting rule could face charges of official misconduct and removal from office.

However, the district attorneys argue that Paxton’s office does not have the jurisdiction to impose such sweeping measures and that the information requested is both costly and illegal to provide. They allege that the rule is politically motivated and designed to burden officials while imposing strict consequences for noncompliance.

In a statement on Friday, Paxton dismissed the lawsuits as a desperate attempt by “rogue DAs” to conceal information from the public. He maintained that the rule is a simple and necessary measure to ensure transparency and accountability among district attorneys.

The legal battle between Paxton and the district attorneys highlights the tension between state and local prosecutors in Texas. As the lawsuits progress, the outcome will have significant implications for the balance of power between the attorney general’s office and county prosecutors in the state.