Five Texas DAs sue Attorney General Paxton, calling new rule granting access to case records unconstitutional.

District Attorneys Push Back Against Oversight Rule

Five Texas district attorneys filed lawsuits on Friday against Attorney General Ken Paxton, challenging a rule that grants his office expansive authority to access local prosecutors’ case records. The plaintiffs argue that the measure, in effect since April, constitutes an unconstitutional overreach that infringes on the separation of powers between the executive and judicial branches.

The lawsuits, filed separately by DAs in Dallas, Bexar, and Harris counties and by DAs in Travis and El Paso counties, seek to block enforcement of the rule. According to the complaints, the new requirement violates both state and federal law and imposes excessive reporting burdens on district attorneys serving counties with populations exceeding 400,000 residents—only 13 of Texas’s 254 counties.

The rule mandates that district attorneys submit all documents and communications related to cases, including internal correspondence, handwritten notes, and confidential materials. It also requires quarterly reporting on a dozen categories, such as indictments involving police officers and election code violations, as well as detailed disclosures on how civil forfeiture funds are used and internal policy decisions.

Dallas County District Attorney John Creuzot criticized the rule as a violation of judicial independence. “The rule’s extremely burdensome reporting requirements will cause district attorneys' offices to divert resources and staff away from core prosecutorial roles and responsibilities, which harms public safety and the administration of justice,” Creuzot said. He further warned that compliance could cost Dallas County taxpayers hundreds of thousands of dollars in additional staffing and technology expenses.

Creuzot also suggested that the policy is politically motivated, targeting Democratic prosecutors in Texas’s largest urban areas. “AG Paxton should be working with all district and county attorneys in pursuit of justice, not picking fights with the Democrats in large cities,” he added.

Paxton Defends Rule as Accountability Tool

Paxton’s office has framed the rule as a response to so-called “rogue” prosecutors who, he claims, are refusing to uphold the law. In a statement from March, Paxton said the measure is intended to help hold district attorneys accountable and ensure they are prosecuting crimes rather than turning a blind eye to offenders. “This rule will enable citizens to hold rogue DAs accountable,” he said.

Following the lawsuits, Paxton issued a statement on Friday defending the measure as a “simple, straightforward, common-sense” policy designed to promote transparency. “It is no surprise that rogue DAs who would rather turn violent criminals loose on the streets than do their jobs are afraid of transparency and accountability,” he said. He described the lawsuits as a “sad, desperate attempt to conceal information from the public they were sworn to protect.”

The lawsuits claim that Paxton’s office lacks the legal authority to demand such sweeping access and argue that the rule’s enforcement would place a financial and operational strain on prosecutors. They also contend that the provision serves a political objective by burdening officials with costly compliance and creating strict penalties for noncompliance, including potential removal from office for official misconduct.

As the legal dispute unfolds, the outcome could reshape the balance of power between Texas’s state and county law enforcement officials, with broader implications for prosecutorial independence across the state.