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Texas district attorneys are felony prosecutors empowered to gather criminal evidence and present cases to trial if there are grounds for prosecution.
A district attorney (DA) in Texas has jurisdiction over one or more counties, depending on the size of the judicial district in which he serves.
Role in Criminal Cases
The district attorney represents the State of Texas in all criminal cases in the district courts in his district and in appeals from those courts.
District attorneys work closely with law enforcement to gather and review evidence of crimes. They present cases to grand juries and pursue them through the various stages in the courts.
The Texas Code of Criminal Procedure says that District Attorneys are supposed to seek justice, not necessarily to win cases: “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.”
District attorneys generally do not handle misdemeanor cases, which are prosecuted by county attorneys in county courts. In a few counties, however, there is a combined office that performs the functions of both county attorney and district attorney.
Not to be confused…
⚠️ Texas district attorneys represent the State of Texas in state courts, prosecuting state crimes. They have a similar name and role to United States district attorneys (also called simply “U.S. Attorneys“), who prosecute federal crimes in federal courts. Texas is home to four federal court districts, each of which also has a federal district attorney’s office. These are called U.S. Attorney’s Offices for the Eastern, Western, Southern, and Northern Districts of Texas.
Role in Family Law Cases
District attorneys also play a role in family law cases. They represent the Department of Family and Protective Services in child protection cases. In cases of domestic violence, they can represent victims and ask courts to issue protective orders.
Texas District Attorney Qualifications
Each district attorney is elected locally by the voters of the judicial district in which he serves.
The Texas Constitution sets the term of office of DAs at “four years, and until their successors have qualified.” If a vacancy arises, the governor may appoint a new district attorney to serve until the next general election.
Candidates for district attorney must meet the following qualifications at the time of their appointment or election:
- U.S. Citizen
- resident of Texas for at least 12 months
- resident of the district for at least six months
- registered to vote in the district
- at least 18 years of age
- practicing lawyer or judge
- not convicted of a felony.
Assistant District Attorneys and Staff
District attorneys typically don’t carry out their work alone. They hire assistant district attorneys, investigators, paralegals, legal secretaries, and other specialists.
The largest district attorney’s offices in Texas have several hundred staff.
Removing a District Attorney From Office
Under the Texas Constitution (art. V sec. 24) and Local Government Code (ch. 87), a district attorney may be removed by a district judge, after a jury trial, on grounds of “incompetency, official misconduct, habitual drunkenness,” or “intoxication on or off duty.”
Any resident of the attorney’s judicial district who is not under indictment may file a petition in district court seeking removal of the district attorney. The judge has sole discretion whether toact on the petition and move forward with a trial.
If the judge does set a trial, then the judge may temporarily suspend the DA and appoint another person to perform the duties of the office pending trial.
During the trial, the county attorney is responsible for prosecuting the case. But if both the county attorney and DA are subject to a pending removal proceeding, then a county attorney from a neighboring county, as selected by the commissioners court, may represent the state.
