AG lacks statewide prosecutorial authority

An unusual feature of Texas’s Reconstruction-era constitution is that it places county prosecutors in the judicial branch of government rather than the executive. As a result, last December, the Court of Criminal Appeals found a law unconstitutional that attempted to give the Texas AG prosecutorial authority over certain Election Code violations. Last week that court denied rehearing – given the several individual opinions and extensive briefing in the matter, here is a link to the case generally, from which one can find the original opinion and the various documents related to rehearing.