Monday, April 22, 2024 at 5:43 PM
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A History of Prosecution in Texas and Kendall County

The Texas Constitution has always provided for a district attorney who represents the state in criminal prosecutions as part of the judicial branch of government. In 1866, the Texas Constitution was amended to add the county court and a county attorney with misdemeanor jurisdiction to the judicial branch.

The Texas Constitution has always provided for a district attorney who represents the state in criminal prosecutions as part of the judicial branch of government. In 1866, the Texas Constitution was amended to add the county court and a county attorney with misdemeanor jurisdiction to the judicial branch.

Under our Constitution today, criminal prosecution is carried out by county attorneys, district attorneys and criminal district attorneys. Additionally, duties for these positions may vary to a certain degree, depending on specific legislation applicable to each individual jurisdiction.

County attorneys prosecute misdemeanor and juvenile offenses and have additional duties, such as seeking protective orders for crime victims (family violence, stalking and sexual assault) and providing advice to commissioners’ court and elected officials on request. The jurisdiction for a county attorney is tied to an individual county. If the county is in a district that does not have a district attorney, then the county attorney’s office will also be responsible for prosecuting felony offenses.

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