Proposed legislation would allow the Attorney General of Texas to sue any district attorney, criminal district attorney, or county attorney who refuses to enforce laws with which they disagree. If the law goes into effect, these elected prosecutors could face fines ranging from $1,500 up to $25,500, and possibly be removed from their seats.
Yesterday, we asked what readers thought of the proposal.
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Here is a sample of the responses we received from our readers.
“Bottom line: It’s the whole purpose of their job. Like any job, if you don’t perform your duties, you might get a warning, but intentional wrongdoing – and, boy, is it wrong – then, you should be fired. Their duty is to the public, and not prosecuting is endangerment.” – Ellen Leyrer
“Marxism is allergic to the rule of law and addicted to power and control, all at the expense of the people.” – Mark Bigley
“We know that George Soros’ many organizations pump millions into getting these lawless prosecutors elected. The least we can do is hold them accountable.” – Rick Perry
“I answered ‘Yes’ on the One-Click Survey, but with some uncertainty. There are always Laws of Unintended Consequences, and as much as we would like to think that Republicans will control Texas in perpetuity, that is highly unlikely. When, and if, Democrats regain control of statewide offices, will we want local prosecutors to be ham-strung by requirements to prosecute unfair, unconstitutional laws, i.e., suppression of free speech or gun confiscation?” – Martha Rhoades
“People who are elected by the people to enforce the law should do just that… faithfully. It is incredibly discouraging to see people who campaign on ethically fulfilling their duty of enforcing the law, as it is written, only to later discover that this person is corrupt and has an agenda. Yes, the Attorney General of Texas should have the authority to punish those who do not fulfill their duty.” – David Barton
“‘Selectively enforcing the law’ is yet another encroachment on ‘the rule of law.’ If a particular law ‘should not’ be enforced, then the citizens have the right and the duty to demand the legislature change the law. We already have a process for that.” – Jim Moyer
“The penalty range is not high enough. Victims of crimes for which district and county attorneys refuse to prosecute, without legal cause, should be allowed to sue for damages and State Bar Disciplinary Committees should be required to impose penalties for the prosecutors unethical conduct. In addition, removal should be mandatory for prosecutors that demonstrate a pattern of disregarding the law.” – Ronny Keister
“Of course they should prosecuted; they are not above the law.” – Gary Hunt
“District attorneys are not legislators. If they disagree with a law, they need to work to change the law. By not enforcing law, they are just encouraging lawlessness.” – Roy Getting
“I said yes, but it would be better and more democratic if we had the power to recall elected officials.” – Janet Carter
“Yes, D.A.’s, etc., have an obligation to enforce the laws. However, these are elected officials and elections have consequences.” – Frances Davis
“Prosecutors are not called lawmakers for a reason. If they want to change the law, run for that job.” – Steve Sullivan
“This is a difficult survey. … Given how messed up society is these days, where right is called wrong and wrong is called right, we have lawmakers who are making laws that infringe on our rights and freedoms and that go against everything moral and right. In those cases, prosecutors should be able to refuse them. … So, while the law sounds good on the surface, it could be bad for all of us.” – Melanie Stein
“Those who do not fulfill their duties are guilty of dereliction of duty, a prosecutable offense.” – Clint Pruett
“Prosecutors who refuse to enforce the laws of the state should be removed from office. Letting them remain in office for their full term endangers the public!” – Chris Danford
“I responded YES to the survey regarding suing local prosecutors. However, I take exception with the means. Suing implies civil liability. Committing crimes is criminal liability, so the failure to enforce criminal law should result in criminal liability. In short, failure to uphold the law should result in jail time!” – Tony Anderson
“Not doing your job of enforcing the law is the same as breaking the law. I say, ‘Round ’em up.’” – Michael Bow
“ANY government official that does not enforce the law is effectively breaking the law. Using their official capacity to selectively enforce certain laws and fail to enforce others is criminal.” – Roger Taylor
“It is probably a dangerous path, but it might force legislators to be very clear in their intent, purpose, and requirements when writing their laws and legislation.” – John Erwin
“Why do we continue to elect political activists into these positions in the first place? This is how we have managed to get ourselves a third-world, two-tier ‘justice’ system. It needs to stop.” – Tara Souther
“This legislation looks good, but I would like to see an option for citizens to sue for damages if they are a victim of un-prosecuted crime due to a convicted violation of the statute. I also think the attorney general’s office should be permitted to prosecute the crimes in question while the rogue prosecutor is being investigated and tried for dereliction.” – Kevin Wade