The State Prosecuting Attorney is the highest criminal prosecutor in Texas, and the head of a very small agency of the same name, established in 1923.
The primary responsibility of the State Prosecuting Attorney is to represent the state in all proceedings before the Court of Criminal Appeals, the highest criminal court in Texas.
The State Prosecuting Attorney is appointed by the Court of Criminal Appeals. As of 2021, the current State Prosecuting Attorney is Stacey Soule.
The State Prosecuting Attorney may also:
- represent the state in any stage of a criminal case before one of the courts of appeals, the intermediate courts of Texas, if she considers it necessary for the interest of the state;
- assist a district or a county attorney in representing the state before a court of appeals if requested to do so by the district or county attorney; and
- submit petitions, briefs and oral argument in cases of importance to the state’s criminal jurisprudence.
In total, the Office of State Prosecuting Attorney has just four employees, including the prosecutor herself, two assistant state prosecuting attorneys, and a legal secretary (as of 2021). During proceedings before the Court of Criminal Appeals, the State Prosecuting Attorney may be assisted by a district attorney or county attorney.
The Office of the State Prosecuting Attorney is located at 209 W. 14th Street in Austin.