State Prosecuting Attorney

Overview

The State Prosecuting Attorney is the highest criminal prosecutor in Texas and leads the Office of the State Prosecuting Attorney, a small agency established in 1923 to oversee criminal appeals at the state level.

Responsibilities

The primary responsibility of the State Prosecuting Attorney is to represent the state in all proceedings before the Texas Court of Criminal Appeals, the state’s highest criminal court. The office also has the authority to:

• Assist local prosecutors in appellate cases when requested.
• Represent the state at any stage of appellate criminal cases.
• Submit petitions, briefs, and oral arguments in cases significant to Texas criminal jurisprudence.

Structure

The State Prosecuting Attorney is appointed by the Court of Criminal Appeals.

The office operates with a small team, including the State Prosecuting Attorney, assistant attorneys, and a legal secretary.

During proceedings before the Court of Criminal Appeals, the State Prosecuting Attorney may be assisted by a district attorney or county attorney.

The office is based in Austin, the capital city of Texas.

Agency Background

Established in 1923, the Office of the State Prosecuting Attorney was created to promote consistency in Texas criminal appellate law. By representing the state before the Texas Court of Criminal Appeals, the office helps shape legal precedent and ensures uniform application of criminal law across different jurisdictions.

Beyond its core appellate role, the office monitors legal developments, advises prosecutors across Texas, and occasionally submits amicus curiae briefs in cases with broader implications for the state’s criminal justice system. The State Prosecuting Attorney may also provide legal analysis to the Texas Legislature or participate in policy discussions on criminal law reforms.

Despite its small size, the office plays a significant role in the legal landscape. It collaborates with district attorneys, county attorneys, and other prosecutorial and law enforcement agencies to strengthen criminal appeals. While it does not handle trial-level prosecutions, its appellate work helps clarify legal interpretations and influence future cases. Through its advocacy and legal arguments, the office shapes the development of Texas criminal law.