Latest news with #DistrictAttorneys
Fox News
18-05-2025
- Politics
- Fox News
Texas AG Ken Paxton sued over new rule to rein in 'rogue' DAs by allowing him access to their case records
Five Texas district attorneys are suing state Attorney General Ken Paxton, challenging new rules that would give his office broad authority to access their office's case records, according to a new report. In the two lawsuits filed on Friday, the district attorneys said the rule, in effect since April, is an unconstitutional overreach that violates the separation of powers and would impose unnecessary burdens on county prosecutors, The Texas Tribune reported. District attorneys in Dallas, Bexar and Harris counties filed one lawsuit while district attorneys in Travis and El Paso counties filed another. Both lawsuits seek to block Paxton from enforcing the rule, arguing that it violates the state constitution and federal law. The rule created by Paxton's office applies to counties with at least 400,000 residents, impacting only 13 of Texas' 254 counties, The Texas Tribune reported. It requires district attorneys to provide all documents or communications produced or received by their offices, including confidential information. All documents, correspondence and handwritten notes relevant to a case can be subject to review, according to the outlet. Counties must also submit quarterly reports to the attorney general on twelve different subjects, including specific information on indictments of police officers and the number of times indictments were issued for election code violations. Information on internal policies and how funds obtained through civil forfeiture are spent would also need to be turned over under the new rule. Dallas County District Attorney John Creuzot described the rules as a violation of the separation of powers between the executive branch and the judicial branch. "To make matters worse, the rule's extremely burdensome reporting requirements will cause district attorneys' offices to divert resources and staff away from core prosecutorial roles and responsibilities, which harms public safety and the administration of justice," Creuzot said in a statement. "And it will cost Dallas County taxpayers hundreds of thousands of dollars or more to pay for the technology and resources needed to identify and produce all the responsive information under these unnecessary reporting requirements." "AG Paxton should be working with all district and county attorneys in pursuit of justice, not picking fights with the Democrats in large cities," Creuzot added. Paxton's office has claimed the provision is a way to "rein in rogue district attorneys" allegedly refusing to uphold the law. District attorneys that do not comply with the reporting rule could be charged with official misconduct and removed from office. "District and County Attorneys have a duty to protect the communities they serve by upholding the law and vigorously prosecuting dangerous criminals," Paxton said in March. "In many major counties, the people responsible for safeguarding millions of Texans have instead endangered lives by refusing to prosecute criminals and allowing violent offenders to terrorize law-abiding Texans. This rule will enable citizens to hold rogue DAs accountable." In response to the lawsuits, Paxton said Friday that it "is no surprise that rogue DAs who would rather turn violent criminals loose on the streets than do their jobs are afraid of transparency and accountability." "My DA reporting rule is a simple, straightforward, common-sense measure that will shed light on local officials who are abdicating their responsibility to public safety. This lawsuit is meritless and merely a sad, desperate attempt to conceal information from the public they were sworn to protect," he continued. The two lawsuits claim Paxton's office does not have the sweeping jurisdiction the rule creates, and that providing the information requested would be expensive and illegal, according to The Texas Tribune. The lawsuits claim the rule seeks to achieve a political objective by burdening officials and creating strict consequences for noncompliance.
Yahoo
12-05-2025
- Politics
- Yahoo
NYPD commish Jessica Tisch won't pull punches if NY discovery law deal is weak: ‘I'm a straight shooter'
NYPD Commissioner Jessica Tisch promised Thursday not to pull punches if Albany's deal to change discovery law doesn't close 'dangerous, unforeseen loopholes' that allow criminals to go free. The yet-to-be-seen tweaks to the state's evidence-sharing laws need to stop a rash of criminal case dismissals that have nothing to do with guilt or innocence, Tisch said during a speech at New York Law School. 'It's about closing dangerous unforeseen loopholes that have prioritized criminal defendants over crime victims,' she said. The commissioner strongly hinted she wouldn't support a watered-down deal. 'I am eager to see the actual language because the details matter,' she said. 'If it's strong, I will say so. If it's not, I will say that too. I'm a straight shooter.' Tisch's wait-and-see stance came as Democratic state lawmakers said they reached a deal with the Big Apple's five district attorneys to revamp the law — a major priority for Gov. Kathy Hochul in the still-ongoing budget talks. Hochul acknowledged the agreement Wednesday, but wonkily insisted it didn't count as a 'deal' until the ink was dry on the final language of the agreement. But the deal's broad strokes indicate it could include a major ask from Tisch. The top cop has complained that the current discovery laws have led to huge evidence requests often unrelated to the criminal case, such as police officers' time cards. The deal seeks to solve that by requiring prosecutors to just turn over evidence 'relevant' to charges, instead of the broader 'related' to the case. Many progressive groups, such as The Legal Aid Society, have argued that change — and others — would give prosecutors too much power and would lead to criminal defendants languishing in jail awaiting trial. Opponents have disputed that the revamped discovery laws led to a spike in criminal case dismissals in New York City, which stood at 41% before the reforms passed in 2019 and have since shot up to 62%. Tisch, for her part, pushed back against Legal Aid attorneys' contention that the dismissal spike is because NYPD cops have been slow-walking sharing evidence with prosecutors, rather than the discovery laws. 'We have revamped many of our systems — our body camera system, our case management system, our arrest processing system — in order to be able to get our prosecutorial partners direct, or more direct, access to the information that they are required to put forward,' she said. Tisch's wide-ranging speech was interrupted by protesters calling for her to fire Lt. Jonathan Rivera, who fatally shot motorist Allan Feliz during a 2019 traffic stop. The decision is on Tisch's desk whether or not terminate Rivera after an internal police judge recommended that the commissioner fire him. 'Just close that door,' Tisch said as security escorted the protesters from the room.
Yahoo
08-05-2025
- Politics
- Yahoo
Hochul, NYC DAs take victory lap on discovery laws that led to slew of criminal dismissals
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Generate Key Takeaways It's a brand new discovery. Gov. Kathy Hochul and New York City's five district attorneys ran a victory lap Wednesday on a revamp to the state's discovery laws included in a sprawling budget bill. The changes will prevent criminal cases from being thrown out over trivial mistakes and narrow how much evidence prosecutors must turn over to defense attorneys. Gov. Kathy Hochul, along with five district attorneys across New York City, took a victory lap Wednesday for revamping the state's discovery laws while also including a $250 billion budget bill. James Messerschmidt Hochul, speaking alongside the district attorneys at Manhattan's state courthouse, had refused to budge on the issue — which caused a weeks-long impasse on the overall mammoth budget deal. 'I said all along I would hold up a $250 billion budget on this issue,' she said. 'And here's why: behind all the legal jargon that some may not quite comprehend, there's real peoples' lives at stake here.' 'You can't have violent criminals who hurt other human beings be able to walk free because of evidence that was irrelevant might have been excluded.' The changes made will ensure that criminal cases won't be thrown out just purely over trivial mistakes, while also narrowing how much evidence prosecutors can turn over to defense attorneys. James Messerschmidt Big Apple prosecutors groused for years that 2019 reforms to the state's evidence-sharing laws — which were passed because many New Yorkers languished in jail awaiting trial on often-minor criminal charges — had led to a surge in case dismissals. The reforms' onerous requirements forced prosecutors to turn over massive amounts of evidence, they complained. Failing to turn over even inconsequential evidence led to accused criminals — including a man who allegedly beat his girlfriend and ripped off her clothes in front of his friends — walking free on technicalities, prosecutors argued. Hochul initially refused to speak on the issue, which caused a weeks-long impasse before the budget deal got passed. James Messerschmidt The deal struck by Hochul and state lawmakers would, according to the governor's office: Require courts to consider the prosecutor's efforts as a whole and whether missing evidence prejudiced the defense — an effort to prevent cases from being thrown out over insignificant mistakes; Narrow the scope of what evidence prosecutors must turn over so not to include frivolous materials that have no real weight on the case Clarify that cases should only be dismissed by judges if prosecutors did not exercise 'due diligence' Require defense attorneys to challenge a prosecutor's certification that they've completed discovery effort within 35 days 'In broad strokes what the bill does is requires us to turn over materials as quickly and as efficiently as we can,' said Staten Island District Attorney Michael McMahon. 'If the defense has objections, they have to make those objections within 35 days,' McMahon said.
Yahoo
06-05-2025
- Politics
- Yahoo
Gov. Bill Lee issues first-ever veto to reject bill making it easier to deny parole
NASHVILLE, Tenn. (WATE) — For the first time since taking office in 2019, Tennessee Gov. Bill Lee has vetoed a bill approved by state lawmakers. The bill would expand the Board of Parole's authority to deny early release based on the severity of the offense. The bill would've taken effect immediately upon becoming law. The Tennessee General Assembly could override the veto with a simple majority in the next legislative session. Under current state law, the Board of Parole must consider multiple factors when considering a parole application including prior criminal history and in-prison program participation. However, parole can be rejected solely on the seriousness of the crime for 22 specific offenses like murder, human trafficking, rape, and aggravated child abuse. 'Targeting the most vulnerable' Second Harvest Executive Director reacts to food distribution scam post HB 527/SB 455 would have allowed the board to reject parole applications based on the seriousness of the offense regardless of the crime. The Associated Press reported that Lee wrote in a veto letter to lawmakers that the measure would be a 'step backwards from safer Tennessee communities' and would undermine a key component of the bipartisan Reentry Success Act of 2021 that creates incentives for the completion of re-entry education programs in an effort to reduce recidivism. The Tennessee District Attorneys General Conference, which represents District Attorneys General from the state's 32 judicial districts, issued a statement criticizing the veto and urged lawmakers to override the decision. ▶ See more top stories on This legislation strikes the right balance. It supports rehabilitation while affirming the seriousness of crime. It protects victims. It promotes public safety. We are disappointed Governor Lee has chosen to stand in opposition to these goals. His veto sends the wrong message to victims, to law enforcement, and to the citizens of this state. We implore the legislature to override his decision. Partial statement from the Tennessee District Attorneys General Conference Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. For the latest news, weather, sports, and streaming video, head to WATE 6 On Your Side.
