Five Texas District Attorneys are suing State Attorney General Ken Paxton, and are challenging new rules that give wide authority to access case records in his office, according to the new report.
In two lawsuits filed Friday, the district attorney said it was an unconstitutional overreach that effectively violated the separation of powers since April and placed unnecessary burdens on county prosecutors.
District Attorneys in Dallas, Bexar and Harris counties filed one lawsuit while district attorneys in Travis and El Paso counties filed separate cases. Both cases allege that Paxton is trying to block the enforcement of the rules, violating state constitutions and federal laws.
The rules created by the Paxton office apply to counties with at least 400,000 residents, affecting only 13 of Texas 254 counties, the Texas Tribune reported. The district attorney must provide all documents or communications created or received by the office, including confidential information.
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Five Texas District Attorneys are suing Attorney General Ken Paxton over a new rule that requires Paxton to provide meticulous access to office case records. ((AP photo/Eric Gay, file)
According to the outlet, all documents, communications and handwritten notes related to the case may be subject to review. The county will also be required to submit to the Attorney General a quarterly report on 12 different subjects, including certain information about the police officer's indictment and the number of responses issued for violations of the election law. Information about internal policy and how funds from civil forfeiture will be spent must also be carried over under the new rules.
Dallas County District Attorney John Cruzotto described the rule as a violation of the separation of powers between the administrative and judicial departments.
“What's worse, the very burdensome reporting requirements of this rule will allow the district attorney's office to divert resources and staff from its core roles and responsibilities that harm public safety and judicial control,” Cruzotto said in a statement. “And Dallas County taxpayers will be costing more than hundreds of thousands of dollars to pay for the technology and resources they need to identify and produce all response information based on these unnecessary reporting requirements.”
In two cases, the district attorney said the rules were unconstitutional overreach that violated the separation of power and was unnecessarily burdened. (Justin Lane/Reuters)
“Ag Paxton should work with all district and county lawyers to pursue justice rather than choosing to fight big city Democrats,” Creuzot added.
Paxton's office argues the provision is a way to “restrain fraudulent district attorneys” who allegedly refused to support the law. A district attorney who does not comply with reporting rules may be charged with official misconduct and may be removed from his duties.
“District and county lawyers have an obligation to protect the communities they serve by supporting the law and actively prosecuting dangerous offenders,” Paxton said in March. “In many major counties, the millions of Texans responsible for protecting them are risking their lives by prosecuting criminals instead and allowing violent offenders to terrorize law-abiding Texans.
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Paxton's office argues the provision is a way to “restrain fraudulent district attorneys” who refuse to comply with the law. (Dylan Hollingsworth/Bloomberg via Getty Images)
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In response to the lawsuit, Paxton said Friday that “it's not surprising to see the fraudulent Dass wanting to loosen violent criminals on the streets rather than fearing transparency and accountability.”
“My DA reporting rules are a simple, open and common sense measure that sheds light on local officials who are restraining responsibility for public safety. The lawsuit is simply a sad, desperate attempt to hide information from the public who have been sworn in order to protect them,” he continued.
The two lawsuits argue that Paxton's office has no drastic jurisdiction for the rules to create, and that providing the requested information is expensive and illegal, according to the Texas Tribune. The lawsuit alleges that rules seek to achieve political objectives by burdening authorities and causing severe consequences to the violation.
