Court Affirms Ruling Against Ken Paxton’s Prosecutor Reporting Regulations

The Texas Fifteenth Court of Appeals has confirmed a prior ruling that invalidated the prosecutor reporting rules instituted by Attorney General Ken Paxton, effectively prohibiting their enforcement against prosecutors and counties that contested them.

In a memorandum opinion issued on October 1, the court stated that Texas Government Code Section 41.006 does not provide the attorney general with the authority to impose such reporting mandates. These rules would have compelled prosecutors from the state’s largest counties to submit detailed information regarding criminal cases, including sensitive documentation.

Among the prosecutors involved in the lawsuit was Dallas County District Attorney John Creuzot, together with officials from counties like Travis, El Paso, Bexar, Harris, Fort Bend, and Williamson. The appeals court upheld the trial court’s decision, which rendered the rules void and permanently barred their enforcement against the plaintiffs. However, the ruling does not address whether the attorney general can request information from local prosecutors on a case-by-case basis, noting that this issue was beyond the current appeal’s scope.

Creuzot remarked that this decision represents a significant victory for the legal system and for the autonomy of locally elected prosecutors. The Dallas County District Attorney’s Office revealed that litigation related to this case has cost the county over $227,000 and anticipates opposition from Paxton regarding cost reimbursement. Additionally, there are indications that Paxton may seek a review of this ruling from the Texas Supreme Court.