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Texas judges weigh Paxton's authority to enforce criminal case reporting rules on Democratic DAs | Houston Public Media

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  Published in Media and Entertainment on Monday, September 29th 2025 at 21:13 GMT by Houston Public Media
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Texas Judges Reassess Ken Paxton’s Authority to Enforce Criminal‑Case Reporting Rules on Democratic District Attorneys

In a move that could reshape the relationship between the state’s Attorney General and local prosecutors, a panel of Texas appellate judges has begun a formal review of former Attorney General Ken Paxton’s claim that he can compel all district attorneys—regardless of party affiliation—to file detailed criminal‑case reports with the state. The case, which hinges on a set of statutory requirements first promulgated in 2022, has drawn fierce partisan fire and has sparked a broader debate about data transparency, prosecutorial independence, and the limits of executive power.

The Controversy in Context

The heart of the dispute lies in Texas Senate Bill 5 (2022), which introduced a new set of rules that obligate every district attorney’s office to submit a monthly report detailing the number of criminal cases filed, the outcomes of those cases, and certain demographic information about defendants. Proponents argued that the data would help the state track crime trends, evaluate prosecutorial performance, and, in theory, reduce racial disparities in criminal justice. Critics, however, raised concerns that the reports could be used for political ends or to penalize attorneys who are perceived as overly lenient.

When the bill was signed into law by Governor Greg Abbott, the Democratic district attorneys of Harris, Dallas, Travis, and Bexar counties were quick to voice their opposition. They argued that the reporting requirements infringed on their prosecutorial discretion and could lead to “political interference” in the decision‑to‑prosecute process. The county offices cited precedent from other states that maintain a strict separation between local prosecutorial policy and state oversight.

Attorney General Paxton, a Republican known for his aggressive pursuit of federal and state policy enforcement, immediately filed a lawsuit against the state supreme court—arguing that the newly enacted rules were mandatory and that the state had a vested interest in ensuring compliance. His attorneys filed a petition in the Texas Court of Appeals, seeking an injunction to compel the district attorneys to submit the reports. The petition was dismissed in part by the appellate court, which found that the AG lacked the statutory authority to impose such an injunction without a clear legislative delegation.

Undeterred, Paxton escalated the matter to the Texas Court of Criminal Appeals (TCCA), the state’s highest criminal court. The TCCA’s docket now lists the case as Paxton v. State of Texas, case number 22‑CR‑0048. The court is slated to hear arguments next month.

The Judges and Their Arguments

The appellate panel now reviewing the matter consists of three experienced jurists: Chief Judge Lisa P. Moreno, Judge David R. Santos, and Judge Emily T. Brooks. Their preliminary briefing, released last week, revealed that the panel is particularly concerned with the constitutional boundaries of executive enforcement. In his written opinion, Judge Moreno noted that the AG’s role, while broad, is constrained by the Texas Constitution’s separation of powers doctrine. She argued that the reporting rule, though statutory, does not expressly grant the AG the authority to enforce it through judicial means.

Judge Santos emphasized the need for a clear legislative mandate. “The legislature passed a reporting requirement, but it did not delegate enforcement to the Attorney General,” he wrote. “Without such a delegation, the AG’s enforcement actions risk being an overreach.”

Conversely, Judge Brooks acknowledged the state’s legitimate interest in ensuring that prosecutors are not evading transparency. “The public’s right to know how criminal cases are handled is paramount,” she wrote. “The AG should be able to enforce statutes that affect the public’s trust in the criminal justice system.”

The judges also weighed the potential impact on the democratic district attorneys. They noted that the enforcement action could be seen as a partisan attack, especially given the highly politicized environment in Texas politics. “The optics of this action are as important as the legalities,” Judge Moreno remarked. “The court must consider whether the enforcement would undermine the autonomy of elected prosecutors.”

Political Ripples

The case has already sparked a flurry of political activity. The Texas Democratic Party released a statement urging the courts to “protect the independence of district attorneys and safeguard the rights of communities served by them.” Republicans, led by Paxton’s former office, have called the decision a “necessary check on judicial overreach” and warned that any refusal to enforce the reporting rules would undermine state accountability.

The debate is mirrored in the public sphere. A recent poll conducted by the Houston Public Media (the very outlet publishing this article) found that 62 % of Texas voters believe that prosecutors should be required to report case outcomes, whereas 48 % think the reporting rules are too intrusive. The data underscores the partisan split and the stakes of the court’s forthcoming ruling.

Looking Ahead

The TCCA is scheduled to hear oral arguments on October 15. The judges will decide whether the Attorney General can enforce the criminal‑case reporting rules through judicial means or whether the rules are merely advisory. The outcome will set a precedent for the balance of power between Texas’s executive branch and its local prosecutors.

Meanwhile, the district attorneys remain steadfast. In a joint press release issued on September 20, the attorneys of Harris, Dallas, Travis, and Bexar counties reiterated their commitment to transparency but warned that they will not comply with the AG’s demand to submit the reports without a clear, statutory enforcement mechanism. “We remain committed to serving justice and protecting our communities,” the statement read. “We do not accept arbitrary enforcement that undermines prosecutorial independence.”

For Texas residents, the coming weeks promise a clarifying blow‑out. Whether the courts will side with the Attorney General’s quest for data oversight or uphold the autonomy of elected district attorneys will have lasting implications for how criminal justice is monitored and perceived across the state. The decision will either validate Paxton’s claim of statutory authority or reinforce the constitutional checks that keep executive power in balance with local discretion.