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Texas Prosecutors Sue Ken Paxton Over “Rogue DA” Rules

Urban DAs Push Back Against Paxton’s Reporting Mandate

District attorneys from some of Texas’ largest counties—including Bexar County DA Joe Gonzales—have filed lawsuits against Attorney General Ken Paxton, challenging new rules that require prosecutors to submit detailed “performance reports” and case files to the AG’s office.

The prosecutors argue that the reporting requirements are unconstitutional, violate the separation of powers, and will cost taxpayers millions by diverting resources from core public safety work.

The lawsuit, filed in Travis County District Court, comes as Paxton continues his campaign to crack down on what he calls “rogue DAs” in Democratic-led urban counties like Dallas, Harris, Bexar, Travis, and El Paso.

The rule applies only to prosecutors in counties with populations over 400,000—just 13 of Texas’ 254 counties—and demands information on indictment decisions, civil forfeiture spending, internal policies, and even private communications about case strategies.

DAs who don’t comply could face misconduct charges or removal from office.

Paxton Defends Rule as “Common-Sense” Oversight

In response, Attorney General Paxton defended the rule as necessary for transparency. He accuses DAs in major cities of refusing to prosecute criminals and says the public has a right to know how their prosecutors are operating.

“Rogue DAs… are afraid of transparency and accountability,” Paxton said. “This lawsuit is meritless and merely a sad, desperate attempt to conceal information from the public they were sworn to protect.”

DA Creuzot: “This is About Justice, Not Politics”

Dallas County DA John Creuzot warned that the cost of complying with Paxton’s reporting demands could exceed hundreds of thousands of dollars, calling it a direct threat to prosecutorial independence and public safety.

“These unnecessary reporting requirements will cause DA offices to divert resources and staff away from core roles,” Creuzot said. “It will harm justice and cost taxpayers.”

Travis, El Paso Officials Cite Confidentiality, Victim Safety

A second lawsuit was filed by prosecutors in Travis and El Paso counties, echoing concerns about the rule’s legality and impact on confidential information.

“This is about protecting our most vulnerable and preserving the integrity of the justice system,” said Travis County Attorney Delia Garza. “Ken Paxton was not elected to be the prosecutor of Travis County.”

Garza and others emphasized that their offices already comply with open records laws and accused Paxton of using the rule for political leverage.

High Stakes, Legal Battle Ahead

This legal battle underscores growing tensions between state Republicans and progressive DAs in Texas’ largest cities.

While Paxton frames the issue as restoring law and order, the prosecutors argue it’s an unconstitutional power grab—and a costly one at that. The case could set a precedent for how far the state can reach into local prosecution, with implications for public safety, privacy, and prosecutorial independence across Texas.

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