Texas, Georgia, Virginia Take Steps on Local Prosecutor Authority

Greg Abbott announced a package of criminal justice proposals last week that includes creating a new statewide prosecutor's office. The office would be authorized to file charges when local district attorneys decline or miss deadlines. Abbott cited more than 200 cases in Travis County in 2024 where indictments were not filed within the state's 90-day requirement.

Abbott also proposed making district attorneys eligible for impeachment, which would require a state constitutional amendment. A 2023 Texas law already permits removal of district attorneys who refuse to prosecute certain crimes.

Georgia Changes Election Rules Georgia Gov. Brian Kemp signed HB 369 on May 12.

The law makes prosecutor elections non-partisan in five metropolitan Atlanta counties that have abolished the county coroner position. Those counties contain roughly 45 percent of the state's Black population. They said they plan to challenge the law in court.

Fair and Just Prosecution stated there is no clear connection between the absence of a coroner's office and whether elections should be partisan.

The inquiry will examine whether the office provides preferential treatment to undocumented defendants. Descano has said charging decisions were limited by witness cooperation and evidentiary issues. During a congressional hearing last week, critics pointed to cases involving undocumented defendants accused of violent crimes.

Descano ran on a platform that included considering immigration consequences in charging and plea decisions.