A district court judge in Travis County has issued a temporary injunction halting the Texas Attorney General Office’s efforts to access confidential and internal operational records kept by district and county attorneys in El Paso, Travis and other counties.
“This decision prevents a massive and unconstitutional overreach by the Attorney General,” El Paso County Attorney Christina Sanchez said in a statement. “It protects victims’ privacy, spares our communities from unfunded mandates, and preserves our ability to focus on public safety.”
Judge Catherine A. Mauzy of the 419th Civil District Court on Friday issued the ruling after hearing arguments in three consolidated lawsuits, including one filed by El Paso and Travis counties in May, seeking to stop Attorney General Ken Paxton from implementing the controversial reporting rules.
The lawsuits argued that the new rules, which were to go into effect June 30, invade the privacy rights of third parties and alleged they violate the separation of powers outlined in the state Constitution.
In her order, Mauzy stated that the plaintiffs would suffer “imminent and irreparable harm” if they are forced to comply with the challenged rules, outlining that the reporting would disclose “confidential work product and privileged communications,” including private personal information about law enforcement officers, crime victims, arrestees, and the criminal defendant.
She also wrote that counties would need to expend significant time, resources and taxpayer funds to comply.
“We would have been forced to reassign attorneys and staff, upgrade technology, and divert millions from essential services — all to meet a demand the AG has no legal right to make,” Sanchez, a lead plaintiff in the case, said in the statement.
In a March news release, Paxton, a Republican, stated he implemented the new mandate “to ensure accountability and promote public safety.” The new reporting rules would apply to district and county attorneys in only 13 of the state’s 254 counties – most of them Democratic-leaning.
The other lawsuits included one filed by Fort Bend and Williamson counties, and another filed by Dallas, Bexar and Harris counties.
The AG’s reporting rules dictated that failure to comply could have resulted in official misconduct charges against county and district attorneys – and their potential removal from office.
The judge said the plaintiffs are likely to prevail in a trial where they seek a permanent injunction to stop the implementation of the rules, saying they likely violate the Texas Constitution’s separation of powers. The rules would grant the attorney general, who’s an executive official, oversight over locally elected prosecutors who operate independently.
“This ruling confirms that Ken Paxton’s unilateral attempt to impose unnecessary reporting requirements on local prosecutors is not only poor public policy — wasting time and resources better spent prosecuting cases — but also unconstitutional and unlawful under Texas law,” El Paso District Attorney James Montoya said in a statement.
The county, in a Friday news release, said the ruling upholds judicial independence, protects confidential records and avoids massive costs.
The judge also ordered the AG’s Office to post a copy of the court order on its website by June 30. A trial in the case is set for Dec. 8.
The post Judge issues temporary injunction halting AG Paxton’s efforts to access El Paso County prosecutors’ files appeared first on El Paso Matters.
Read: Read More