Texas judge blocks enforcement of Ken Paxton's 'rogue DA' rules
Ken Paxton (Photo by Robert Daemmrich Photography Inc/Corbis via Getty Images)
AUSTIN, Texas - A Travis County judge has blocked enforcement of new rules and reporting requirements targeting urban prosecutors in Texas.
The judge issued an injunction, temporarily stopping the enforcement of new rules that require district attorneys in counties with a population of 400,000 or more to submit specific performance reports and provide specific case files to the attorney general's office.
Dallas, Travis, Harris, Bexar counties file lawsuit
The move comes after several district attorneys filed a lawsuit last month against Paxton's office, calling the new rules unconstitutional and a violation of the separation of powers.
What they're saying:
In a statement, Dallas County District Attorney John Creuzot said implementing the new rules would have been a "logistical and operational nightmare" that cost the county significant time and money.
"This temporary injunction 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, in the executive department, and the district attorneys, in the judicial department," Creuzot said.
New reporting requirements
Dig deeper:
The new reporting requirements have prosecutors sending information on internal policies, how funds obtained through civil forfeiture are spent and internal communications about indictment decisions. Those decisions would include the number of times a police officer was indicted and how many times the office indicted someone for election code violations.
District attorneys that do not comply with the reporting rules could find themselves charged with official misconduct and removed from office.
The other side:
Paxton said the rules help Texans determine if elected officials are failing to uphold their obligations by not prosecuting certain crimes and allowing "dangerous criminals" to be released.
"District and County Attorneys have a duty to protect the communities they serve by upholding the law and vigorously prosecuting dangerous criminals," Paxton said. "In many major counties, the people responsible for safeguarding millions of Texans have instead endangered lives by refusing to prosecute criminals and allowing violent offenders to terrorize law-abiding Texans. This rule will enable citizens to hold rogue DA's accountable."
The Source: Information on the temporary injunction comes from a release from Dallas County District Attorney John Creuzot. Backstory about the lawsuit filed by urban DAs comes from previous FOX 4 reporting. Ken Paxton's statement comes from a statement released when the new rules were announced.