Options for removing or disciplining district attorneys in Texas are limited.
Originally published in The Texan.
A new analysis from a Texas think tank found a correlation between district attorneys’ non-prosecution policies and increases in crime, but with few state options for addressing so-called “rogue” prosecutors, the group suggests that Texas lawmakers should consider reforms next year.
Ross Jackson, a senior policy analyst for Right on Crime at the Texas Public Policy Foundation, said he has been researching the issue since last fall.
“There are correlations that are particularly evident in Austin and Minneapolis and some other cities around the country and it’s more evident in cities and counties where there hasn’t historically been a huge crime rate like in Austin,” Jackson told The Texan.
According to Jackson’s report, Austin experienced one of the most dramatic surges in violent and property crimes in recent years, which saw the city’s homicide rate climb by over 60 percent between 2016 and 2024.
Travis County District Attorney Jose Garza, who was first elected in 2020, has been accused of dropping or reducing charges in hundreds of criminal cases, including one in which an appeals court had called for a new trial. Last year, Garza’s office reportedly failed to bring timely indictments for crimes that included violent felonies, leading to the dismissals of hundreds of cases.
Attempts to remove Garza through House Bill (HB) 17, a state law enacted in 2023, have failed, and he has ignored calls for his resignation over mishandled cases. Jackson noted that HB 17 is limited to removing district attorneys who officially adopt non-prosecution policies in conflict with state law, and does not apply to those who adopt informal policies or internal guidance.
Jackson noted that some proposed legislative remedies face high hurdles.
The policy solutions examined by Jackson include mechanisms to discipline or remove district attorneys, as well as avenues for prosecuting serious crimes when the local district attorney or a county prosecuting attorney fails to do so.
One possibility suggested by Jackson is creation of a new state commission to provide oversight and administer discipline. The model he suggested is based on the state’s former Prosecuting Attorneys Coordinating Council that operated between 1977 and 1983. While state lawmakers could create such a council through statute, Jackson noted that an amendment to the Texas Constitution would be needed to allow the council to remove district attorneys.
Constitutional amendments require the support of two thirds of both chambers of the Legislature, which usually requires bipartisan support, as well as approval by voters in a statewide election.
Jackson also noted that state lawmakers could give authority to the State Commission on Judicial Conduct to discipline rogue prosecutors, but giving it a removal mechanism would also likely require a constitutional amendment.
One possibility for prosecuting cases dropped by prosecutors would be to give that power to the Texas Office of the Attorney General (OAG). Under a 2021 Texas Criminal Court of Appeals opinion, the OAG may only prosecute cases referred by a local district attorney or county attorney.
“Unless the Court reverses their decision, giving the OAG that authority would definitely require a constitutional amendment,” said Jackson. “I think that would be the most difficult option legislatively, just given the partisan nature of that position. I don’t see many crossover voters on something like that.”
Other options include creating a state prosecutor or creating five new regional district attorneys, each anchored in one of Texas’ urban areas.
Jackson says that lawmakers appear to have the authority to create a state prosecutor or regional district attorneys through statute, but the regional approach may also require a constitutional amendment and may necessitate the creation of new courts — a more costly option for taxpayers.
Earlier this year, Gov. Greg Abbott cited Garza’s history as Travis County’s district attorney in his call for new legislation to create a statewide prosecutor and a mechanism for removing rogue prosecutors. Texas Sen. Mayes Middleton (R-Galveston), now the GOP nominee for state attorney general, has also voiced support for a statewide prosecutor.
In addition to Garza, Jackson’s report identified concerns over district attorney policies in both Bexar and Dallas counties. In Bexar County, District Attorney Joe Gonzales gave local law enforcement officers the option to issue tickets for certain “drug, theft, and traffic misdemeanors in lieu of jail time,” and Dallas County District Attorney John Creuzot announced that he would no longer pursue charges against “low-level, first-time drug offenders.” Cruezot rescinded a previous policy in 2022 of declining to prosecute low-level theft.
Earlier this year, both Garza and Cruezot joined other district attorneys from across the country to launch the Project for the Fight Against Federal Overreach, with the primary purpose of prosecuting federal law enforcement officials accused of misconduct.
Jackson said he is optimistic about state options to address prosecutors who are not following the law. Texas House and Senate committees are expected to hold interim hearings on the issue later this year, but no legislative proposals can be filed until the prefiling period begins on November 9.
“The bigger issue is you have all these victims that aren’t seeing justice served, and it’s setting a precedent in those jurisdictions that some crimes don’t go punished which has all sorts of rippling effects and can lead to rises in crime,” explained Jackson.