Texas District Attorneys: Duties and Responsibilities

Texas District Attorneys: Duties and Responsibilities
Rob Kepple, TDCAA
What is the DA’s job description? Article v, Section 21, Texas Constitution: Sec. 21. COUNTY ATTORNEYS; DISTRICT ATTORNEYS…… The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature….. What is the DA’s job description? Article v, Section 21, Texas Constitution: Sec. 21. COUNTY ATTORNEYS; DISTRICT ATTORNEYS…… The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature….. What is the DA’s job description? Article 2.01, Code of Criminal Procedure: ART. 2.01. DUTIES OF DISTRICT ATTORNEYS. Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely…. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
How many District Attorneys? 83
How many felony prosecutors? 162
How many felony prosecutors? District Attorneys: 83
Criminal District Attorneys: 48
County and District Attorneys: 31
Total: 162
Where are the statutes? DA’s: Chptr. 43, Gov’t Code
Sec. 43.108. 21ST JUDICIAL DISTRICT. (a) The voters of Washington and Burleson counties elect a district attorney for the 21st Judicial District who represents the state in that district court only in those counties.
(b) The district attorney also represents the state and performs the duties of district attorney before the 335th District Court in Washington and Burleson counties.
Where are the statutes? CDA’s: Chptr. 44, Gov’t Code
Sec. 44.111. BASTROP COUNTY. (a) The criminal district attorney of Bastrop County shall attend each term and session of the district courts in Bastrop County and each term and session of the inferior courts of the county held for the transaction of criminal business. He shall exclusively represent the state in all criminal matters before those courts and any other court in which Bastrop County has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Bastrop County that are conferred by law on county and district attorneys in the various counties and districts.
Where are the statutes? CA’s: Chptr. 45, Gov’t Code
Sec. 45.154. CROSBY COUNTY. The county attorney of Crosby County, who performs the duties of a district attorney, is entitled to be compensated by the state in the manner and amount fixed by general law relating to the salary paid to district attorneys by the state.
Variations on a theme DA’s: Chptr. 43, Gov’t Code
Sec. 43.105. 9TH JUDICIAL DISTRICT. (a) The voters of Montgomery County elect a district attorney for the 9th Judicial District who represents the state in that district court only in that county. The district attorney also acts as district attorney for the 410th Judicial District in Montgomery County.
(b) The district attorney shall represent the state in misdemeanor criminal cases pending in the district and inferior courts of the county.
How are felony prosecutors paid? Professional Prosecutors Act: Chapter 46, Gov’t. Code
In Act: 100% of a DJ’s salary (157)
Out of Act: 80% of a DJ’s salary (5)
 Can be supplemented by the county, and no cap on that Retirement Employee Retirement System, Elected Class
2.3% x DJ salary x years of service
Vest at 50 with 12 years of service
Vest at 60 with 8 years of service
Not near as good as TCDRS benefits Recent retirement SNAFU ERS raised retirement contribution from 6.6% to 9.5% Gave state EE’s a raise to cover that
Felony prosecutors are NOT state employees
Funneled a “hold‐harmless” supplement through the counties
State $$ for the office Apportionment funds: $22,500/year if over 50,000 people
$27,500/year if under 50,000 people
$11,083 to Harris County
Assistant prosecutor supplement paid by a bail bond cost Not a state employee or official? neither fish nor fowl….
Duties of felony prosecutors Prosecute felonies and maybe misdemeanors Protective orders
Mental health
Nuisance & forfeitures
Civil work (CDA and C&DA)
Answer questions (41.007 Gov’t. Code)
Seek AG opinions
Representing the State:
Department of Agriculture
Department of Health
Department of Licensing and Regulation
General Land Office
Texas Board of Nursing
Underground Facility Notification Corporation
Duties of felony prosecutors Appeals
New Duties:
Discovery
Civil commitment
Public integrity prosecutions
Insurance fraud
Motor fuels fraud
The decision with the most impact on the county?
life or death?
Rules the DA’s live by Truths of Prosecution by Cappy Eads Sin ain’t sin if good people do it.
Blood is thicker than water.
It ain’t against the law to kill a son of a bitch.
Chief Law Enforcement Officer?
“If you get to thinkin’ you’re a person of some influence, try orderin’ someone else’s dog around.”
‐‐ Texas Bix Bender, Don’t Squat With Your Spurs On; a Cowboy’s Guide to Life
Is the AG the state’s top prosecutor? Article IV, Section 22, Texas Constitution:
Sec. 22. ATTORNEY GENERAL. The Attorney General shall represent the State in all suits and pleas in the Supreme Court of the State in which the State may be a party…He shall…give legal advice in writing to the Governor and other executive officers, when requested by them, and perform such other duties as may be required by law. The pressures of the past…
“If it’s OK to kill him dead, it’s OK to kill him dead, dead, dead.”
Modern‐day pressures And new challenges