Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.
Article 2.07 of the Texas Code of Criminal Procedure is titled Attorney Pro Tem. But most of us in the legal industry call this a "Special Prosecutor." Special prosecutors in Texas are appointed by a judge or court to handle cases in which the district attorney (DA) has a conflict of interest or is otherwise unable to prosecute. These cases can include those in which the DA has a close personal or professional relationship with the defendant, or in which the DA's office is involved in the case in some way.
One example of a case in which a special prosecutor was appointed in Texas was in 2015, when a special prosecutor was appointed to handle the case of former Governor Rick Perry. Perry was charged with abuse of official capacity and coercion of a public servant, related to his veto of funding for the Travis County District Attorney's public integrity unit. The special prosecutor in this case was appointed due to the close relationship between the Travis County DA's office and Governor Perry.
Another example of a case in which a special prosecutor was appointed in Texas was in 2017, when a special prosecutor was appointed to handle the case of former Attorney General Ken Paxton. Paxton was charged with securities fraud related to his role as a private lawyer and a member of the Texas House of Representatives. The special prosecutor in this case was appointed due to the close relationship between the Texas attorney general's office and Paxton.
The use of special prosecutors in Texas is not limited to high-profile cases involving elected officials. They are also used in cases involving police officers, where the DA may have a conflict of interest due to the close working relationship between the DA's office and the police department. In these cases, a special prosecutor may be appointed to ensure that the case is handled impartially.
There are several reasons why a DA may be disqualified from handling a case. One reason is if the DA has a close personal or professional relationship with the defendant. For example, if the DA and the defendant are friends or family members, or if the DA has previously represented the defendant in a case, the DA may be disqualified from handling the case.
Another reason a DA may be disqualified is if the DA's office is involved in the case in some way. For example, if the DA's office has previously investigated the case, or if the DA's office has a close working relationship with the police department involved in the case, the DA may be disqualified.
Additionally, if the DA has a political or personal interest in the outcome of the case, they may be disqualified. For example, if the DA has made public statements supporting or opposing the prosecution, or if the DA is running for re-election and the case is politically sensitive, the DA may be disqualified.
In conclusion, special prosecutors are appointed in Texas when a district attorney (DA) has a conflict of interest or is otherwise unable to prosecute a case. They are used in cases involving elected officials, police officers, and other high-profile cases. The reasons for disqualifying a DA may include close personal or professional relationships with the defendant, involvement of the DA's office in the case, or political or personal interests in the outcome of the case. It is important for the criminal justice system to ensure impartiality and integrity in the handling of cases, and the use of special prosecutors is one way to achieve this.
In 2019 the statute was amended to allow only for other prosecutors to be appointed. This was something that defense attorneys regularly did and with great success. Now the law reads, "the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state."
In September 2021, a case took place in Houston, Texas where a man named Coty Beavers was on trial for the murder of his son-in-law. According to the reports, Coty Beavers was found guilty of the murder of his son-in-law and was sentenced to death. The murder was considered as an "honor killing" as the prosecution argued that Beavers killed his son-in-law because he believed that his daughter's marriage to him brought shame and dishonor to the family. Beavers was accused of planning the killing and recruiting his two sons to carry out the murder. The special prosecutor in this case was Jon Stephenson.
The trial for this case was highly publicized in the media, as the case was considered to be particularly sensitive and complex. The prosecution argued that the murder was premeditated, and that the defendant had intended to kill his son-in-law in order to restore his family's honor. The defense argued that the defendant had not intended to kill his son-in-law, and that the murder was the result of a heated argument. Despite this, the jury found Beavers guilty of the murder and sentenced him to death.
It is important to note that Honor killings are not only illegal but widely condemned by the international community and considered to be a violation of human rights. The cases are often considered to be particularly sensitive and complex, and the appointment of a special prosecutor can help to ensure that they are handled fairly and impartially.
Art. 2.07. ATTORNEY PRO TEM. (a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state. (b) Except as otherwise provided by this subsection, the duties of the appointed office are additional duties of the appointed attorney's present office, and the attorney is not entitled to additional compensation. This subsection does not prevent a commissioners court of a county from contracting with another commissioners court to pay expenses and reimburse compensation paid by a county to an attorney who is appointed to perform additional duties. (b-1) An attorney for the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341 ), Sec. 4, eff. September 1, 2019. (d) In this article, "attorney for the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341 ), Sec. 4, eff. September 1, 2019. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341 ), Sec. 4, eff. September 1, 2019. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341 ), Sec. 4, eff. September 1, 2019. Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, CODE OF CRIMINAL PROCEDURE Statute text rendered on: 9/24/2021 - 19 - 60th Leg., p. 1733, ch. 659, Sec. 4, eff. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 356, ch. 154, Sec. 1, eff. May 23, 1973. Subsec. (b) amended by and subsec. (b-1) added by Acts 1987, 70th Leg., ch. 918, Sec. 1, eff. Aug. 31, 1987; Subsecs. (e), (f) added by Acts 1995, 74th Leg., ch. 785, Sec. 1, eff. Sept. 1, 1995; Subsec. (g) added by Acts 1999, 76th Leg., ch. 1545, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
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