District Attorneys Take Legal Action Against Ken Paxton to Halt Controversial Case Record Disclosure Rule

Five district attorneys in Texas have taken legal action against Attorney General Ken Paxton. They filed two lawsuits over a new rule that grants his office extensive access to their records.

These lawsuits are in response to a rule, effective since April, that allows Paxton’s employees to request nearly all documents related to cases. The district attorneys argue this is an overreach and an unconstitutional burden. The rule applies only to counties with over 400,000 residents, which includes only 13 counties in Texas.

Paxton argues the rule helps rein in what he calls “rogue district attorneys” who don’t enforce the law. However, the district attorneys from Travis, El Paso, Harris, Dallas, and Bexar counties claim it not only violates the Texas and federal constitutions but also overwhelms their offices with data requests.

Under the rule, district attorneys must provide all communications regarding cases, including sensitive information. They also need to submit quarterly reports on various subjects, such as indictments against police officers. The rule cites a 1985 statute requiring attorneys to report certain information to the attorney general.

Joe Gonzales, the Bexar County District Attorney, voiced strong opposition. He stated the requirements divert resources away from what matters most—keeping communities safe. The lawsuits argue that the rule could force district attorneys to disclose private victim information, making it illegal.

Paxton maintains the rule promotes transparency and accountability among district attorneys. He describes it as a straightforward measure to ensure local prosecutors are fulfilling their duties.

The state Legislature has attempted to hold district attorneys accountable in other ways too. For instance, House Bill 17, passed in 2023, enables courts to remove district attorneys who refuse to prosecute specific crimes. This legislation emerged after criticism aimed at Democratic district attorneys for not pursuing certain cases, like alleged voter fraud.

In recent discussions on social media, many commentators are divided over these lawsuits. Some support the investigation into local prosecutors, while others view it as an attack on judicial independence.

This ongoing legal battle raises vital questions about the balance of power between state officials and local prosecutors. How will this affect the relationship between the attorney general’s office and district attorneys moving forward? As the cases proceed, they may reshape Texas’s legal landscape, particularly concerning criminal justice and transparency.

For further insight into the implications of these lawsuits, check out Texas Tribune.

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