Posted on 01/19/2022 10:30:06 AM PST by CrosscutSaw
Texas is one of only two states with a bifurcated court system: After going through intermediate appellate review, criminal matters are routed to the Court of Criminal Appeals while civil matters are routed to the Texas Supreme Court. It’s unique. But so is Texas!
A few weeks ago, the CCA handed down an 8-to-1 decision in State v. Stephens declaring unconstitutional a statute giving the Texas Attorney General authority to “prosecute a criminal offense prescribed by the election laws of this state.” That statute—section 273.021 of the Texas Election Code—which has been around for several decades— has allowed Texas Attorneys General to doggedly pursue election integrity. It's why Texas elections have been more secure than any other state in the union. And it’s also why committed leftists find that statute to be such a pain in the rear. Enter the CCA’s rather obvious and boneheaded decision.
First, CCA’s decision is illogical. The Court says that because county and district attorneys are created under an article called “Judicial Department,” their role in prosecuting crimes is a judicial rather than an executive function. At the same time, because the Attorney General is created under the “Executive Department” article, he cannot prosecute crimes because that’d be “judicial” and thus an impermissible encroachment on a “judicial” function by an executive. You read that right! The court has laughingly proclaimed that a Texas Attorney General cannot prosecute crime. That would come as a shock to…well…just about anyone with a brain. I was going to reference Wikipedia; you know how left-wingers love Wikipedia? But I thought I’d give the eight judges on the CCA a remedial lesson in the Attorney General’s duties, courtesy of Ballotpedia.
(Excerpt) Read more at townhall.com ...
In Texas the court of appeals is a statewide elected office. This means Democrats have zero chance of winning. So they choose a “career” as a Republican professionally.
This is a constant risk with GOP candidates. They simply -want- the office and will ride whichever horse will get them there.
When they get there they operate as Dem lite. They operate the ratchet by being creative when the break favors the progressives, and by strict constructionist when dealing with anything conservative.
Half of this Court of Appeals would have -happily- been democrats in the 1980s-90s, Mark White, Jim Wright, Ann Richards era.
Paxton has a plan and he laid it out yesterday. In the coming elections, voters in Texas must pay attention to the Court of Criminal Appeals judges. Three per election can be replaced.
The TX Constitution needs to be amended to specifically permit what the CCA just banned.
No, a Constitutional Amendment to eliminate the Court of Criminal Appeals.
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