House advances bill to rein in “rogue” prosecutors

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Elected prosecutors cannot be impeached by the Legislature or face recall elections. They can be removed only after the filing of a removal petition that accuses the district attorney of “incompetency, official misconduct or intoxication.” If they are found guilty by a jury, a district judge can order them removed from office.

Elected prosecutors have wide discretion to decide which cases to pursue and which to decline. In the wake of the overturn of Roe v. Wade, with nearly all abortions banned in Texas, some prosecutors have said they do not intend to pursue abortion-related charges. Republicans are pursuing a number of different legislative angles to rein in these “rogue DAs.” HB 17 and a similar bill,D-McAllen, joining Republicans to support the bill. SB 20 has been referred to the House Committee on Criminal Jurisprudence but has not yet had a hearing., D-Edinburg, raised concerns that prosecutors in border counties could be disciplined under this proposal if they cannot keep up with the surging number of migrant arrests at the border.

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