Valley district attorneys respond to Ken Paxton’s ‘rogue DAs’ reporting requirements

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At the end of March, Texas Attorney General Ken Paxton announced new reporting requirements for district attorneys representing a county with a population of 400,000 or more of which Hidalgo and Cameron counties fall under.

And although both Hidalgo and Cameron County district attorneys, Toribio “Terry” Palacios and Luis V. Saenz, respectively, have agreed to comply with these new requirements; they’ve expressed some concern with Paxton’s methods of what he says is to ensure public safety.

Paxton is asking these district attorneys to “provide specific performance reports to the Office of the Attorney General” as a means of ensuring accountability.

“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 a press release. “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 DA’s accountable.”

In a statement provided by the Cameron County District Attorney’s Office, Saenz stated he would cooperate with Paxton’s ruling but took issue with him grouping most district attorneys with those he believes to have gone “rogue.”

“My office will abide by the Texas Attorney General’s reporting requirements and will diligently submit the report and supporting information he has requested,” Saenz said in the statement. “I do, however, take issue with the notion of ‘rogue prosecutors.’

“Most, if not nearly all, Texas’ local prosecutors are faithful stewards of justice. The AG should narrowly tailor his rules to address the particular offices he believes are engaging in bad acts or failing to carry out their constitutional duties.”

Paxton believes that the information they collect under the adopted rule will help citizens determine whether their elected officials are “inadequately prosecuting certain categories of crime, releasing dangerous criminals back into the community, engaging in selective prosecution, or otherwise failing to uphold their obligations,” according to the release.

Due to Hidalgo County’s decades-long jail overcrowding issue, non-violent cases have been expedited in order to make room for violent offenders.

When asked if these actions would catch Paxton’s attention, Palacios said he doesn’t believe it would, stating that all they’re trying to do is alleviate taxpayers’ money.

“We’re not dismissing (cases) and we’re following the law,” Palacios said.

Palacios’ main issue with the new ruling is much the same as with Senate Bill 9’s bail reform that could intensify jail overcrowding — a lack of funding.

Palacios said he would never state that he wouldn’t prosecute a specific type of case and if Paxton wants these reports then he’s all for it, but he would like assistance in the matter.

“To me it’s fine, but send me some personnel, send me some money so I can get somebody to be doing that,” Palacios said. “We’re busy enough already… and now they want extra reports. Fine, just send somebody that you can pay for so that our taxpayers won’t have to pay for it and we’ll forward every detailed report.

“We’re an open book, at least Hidalgo County is. Whatever we do, we let people know and if they don’t know they can just call and ask and we’ll let them know.”

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