“Based on the plain language of [the code], the Legislature did not expressly grant rulemaking authority to the Attorney General, nor can rulemaking power be implied where no such authority is expressly granted,” Justice Scott K. Field wrote.
A Texas appeals court will not allow state Attorney General Ken Paxton to enforce new rules requiring prosecutors in large counties, most run by Democrats, to send detailed reports to his office.
According to Houston Public Media, the unanimous ruling was issued earlier this week by the Texas Fifteenth Court of Appeals. The decision effectively upholds a lower court order prohibiting Paxton from enforcing the new rules, with the judges finding that the attorney general’s office likely lacks the statutory authority to enact and impose far-ranging restrictions.
“Based on the plain language of [the code], the Legislature did not expressly grant rulemaking authority to the Attorney General, nor can rulemaking power be implied where no such authority is expressly granted,” Justice Scott K. Field wrote.
In a concurring opinion, Chief Justice Scott Brister said that, while Paxton can request information on specific cases under the Texas Government Code, he cannot invent brand-new requirements for prosecutors across the state.
Houston Public Media notes that the court’s injunction is limited in its scope, shielding only prosecutors in the cities and counties that sued to stop Paxton’s rules from taking effect. Furthermore, the decision could be rescinded if the attorney general comes out on top after litigation has been resolved.
Nevertheless, in a statement, Harris County District Attorney Sean Teare posited the ruling as a “decisive victory.”
“Today, justice prevailed over political interference,” Teare said. “I commend County Attorney Menefee and his team for standing firm and successfully defending Harris County against unlawful state intrusion.”
Harris County Attorney Christian D. Menefee, whose office has jurisdiction over the Houston area, said that the justices’ ruling reaffirms the independence of state and local officials.
“This is another clear victory for Harris County and for local governments across Texas,” Menefee said. “Once again, a court has confirmed that Ken Paxton does not have the authority to carry out this plan to look over the shoulder of locally elected officials.”
Houston Public Media reports that Paxton’s requirements would have posed significant logistical obstacles. Under the attorney general’s proposed rule, prosecutors in counties with a population of 400,000 or more—almost all of which are run by Democrats—would have to turn over large amounts of information on a regular basis, ranging from mundane materials like internal emails to sensitive, case-specific files on individual witnesses and victims.
If Paxton’s rule were to be enforced, any prosecutor who fails to comply with the reporting requirements risks committing “official misconduct,” jeopardizing their ability to stay in office.
Sources
Conservative Texas appeals court says Ken Paxton overstepped in plan to rein in ‘rogue DAs’
Texas AG Ken Paxton again blocked from enforcing reporting rules against Democratic DAs
Join the conversation!