In targeting so-called “rogue” district attorneys. Gov. Greg Abbott and state lawmakers disregard voters.
, state Rep. David Cook, R-Mansfield, an attorney and the author of House Bill 17, said, “Our message is crystal clear — the rule of law will be respected in Texas.”
Gonzales has said he is concerned the new law will overcrowd jails with people accused of low-level marijuana possession who lack the means to make bail.We share this concern. The criminal justice system is filled with examples of defendants charged with identical crimes who then experience different outcomes based on their ability to make bail. A wealthy defendant can make bail, continue working a job and remain connected to family while navigating the legal system.
A broader concern, though, is the disenfranchisement of voters. Gonzales has been elected and re-elected by a large majority of Bexar County voters. If his policies were “rogue,” or out of step with the electorate, it’s unlikely he would maintain his office. And he hasn’t disregarded the law — as he has said, he will review abortion-related offenses on a case-by-case basis — but has instead invoked prosecutorial discretion.
Such discretion weighs priorities, resources, evidence, the weight of punishment for an alleged wrongdoing, the availability of diversion programs. Now, we will have a system where one resident can potentially oust a district attorney — and overrule the will of voters. In this regard, House Bill 17 is akin to House Bill 2127, which bars cities from enacting policies that touch on labor, agriculture, natural resources and finance. Why have local elections? If voters are dissatisfied with the policies and actions of local elected officials, the ballot box is the remedy, not big state government.
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