What happens when a DA won’t investigate or prosecute cases?

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(The Center Square) – What happens when a local district attorney won’t investigate or prosecute cases?

The state legislature is holding hearings to address the issue and Gov. Greg Abbott has proposed creating the office of a special prosecutor as one solution. This is after he and the legislature have passed multiple bills to address “rogue DAs” and bail reform. 

In larger counties like Harris or Travis, residents have complained that DAs won’t prosecute violent crimes and violent criminals are being released onto the streets. In smaller counties, residents are complaining that DAs aren’t investigating or prosecuting election fraud and/or dismissing a large number of cases. 

Another problem is a lack of transparency, no statutory requirement for DAs to recuse themselves from a case by a certain deadline, which delays Office of Attorney General investigations, and no term limits, critics argue.

Under the Texas Constitution, the OAG falls under the executive branch and is prohibited from prosecuting crimes in a county unless the local DA requests permission or recuses its office. If the DA won’t prosecute or dismisses cases, residents feel they have no recourse.

In the border county of Zapata, after the 2024 Democratic sheriff primary election, then Sheriff Raymundo Del Bosque lost and filed a complaint with the Secretary of State’s Office, alleging voter fraud by his opponent and others. The SOS referred the case to the OAG, which launched an investigation a year ago, The Center Square exclusively reported. 

Prior to the AG investigation, in 2024, Del Bosque and others called on the DA for the 49th Judicial District, Isidro Alaniz, to investigate the allegations, they told The Center Square. His office prosecutes cases in Webb and Zapata counties.

In early 2025, Del Bosque’s former staffer Joe Peña contacted Alaniz’s office requesting confirmation that Alaniz had recused himself. Peña also requested an email address as to where he could send questions and Alaniz’s office wouldn’t provide it, he told The Center Square. At the time, Peña had left the sheriff’s office and Del Bosque was no longer sheriff. Alaniz’s office never opened a formal investigation into the allegations. 

After this story was published, Alaniz told The Center Square, "The Webb- Zapata District Attorney’s Office is conflicted from investigating certain office holders based on interactions, collaboration, and communication on official office and county functions. In order to avoid any appearance of leniency or retaliation it is in the best interest that an outside and objective law enforcement agency investigate any claims. 

"Mr. Del Bosque was also employed by me in 2009 as a criminal investigator for a period of about 5-6 years," he said, adding that "the election fraud complaints in Zapata are historical and generally take long to develop. This happens for several reasons. Recounts, civil suits , and litigation typically take place first. The delayed recusal does not delay the investigation. Investigations by outside agencies such as the Texas Rangers or Attorney General’s Office can still be initiated. The recusal is formal notice that my office is not participating in the prosecution."

He also clarified that his office doesn't prosecute juveniles and will be providing updated case data as well as ensuring his email and contact information are posted online. He also said he was unaware of The Center Square's attempts at reaching him.

According to court records and text messages obtained by The Center Square, an OAG investigator met with Alaniz last November after which he recused himself from the case. The OAG launched its investigation late last year and by July of this year, search warrants were executed at several elected officials’ homes in Zapata County, according to affidavits exclusively obtained by The Center Square. Multiple elected officials, their family members and staff are the focus of an investigation into voter fraud and bribery, allegations they deny, The Center Square reported. No charges have yet to be filed.

Another issue Texans are asking the legislature to address is transparency and accuracy regarding DA case completeness records as well as setting term limits for DAs. 

On Sept. 5, 2019, Abbott stipulated additional DA case reporting requirements through several executive orders. One included requiring DAs to publish conviction rates, with the reporting tied to state grant funding. In Order No. 8, Abbott directed that all future grant awards by his office to county DAs as of Jan. 1, 2020, “shall require a commitment that the county will report at least 90 percent of convictions within seven business days” to Texas DPS’ Criminal Justice Information system. By Jan. 1, 2021, the reporting was required to be reported within five business days. 

“DPS has historically recognized a combined statutory interpretation of 60 days for disposition reporting – 30 days for a conviction to be final and 30 days to report final dispositions,” according to a Dec. 13, 2019, DPS memo obtained by The Center Square. “Effectively, the order requires counties to submit final dispositions within 37 days in year 2020 and within 35 days in year 2021 and beyond,” it states.

A disposition refers to the final outcome of a case. It includes convictions, acquittals, dismissals or other resolutions like plea agreements.

In the 49th District, from 2020 to 2024, in Webb County, there were 46,528 charges brought against adults, with 35,204 cases disposed and 5,092 charges brought against juveniles with 4,209 cases disposed. The percentage of completed cases for adults ranged between 26% and 97% and for juveniles between 59% and 98%, according to Texas Department of Public Safety’s Criminal History Processing Reporting Bureau.

In Zapata County, from 2020 to 2024, there were 3,073 charges brought against adults, with 2,363 cases disposed and 182 charges brought against juveniles with 174 cases disposed. The percentage of completed cases for adults ranged between 30% and 94% for adults and between 78% and 100% for juveniles, according to the data. 

When asked to comment on his office’s case completeness record, in terms of how many cases were prosecuted, received convictions, were lost or dismissed, Alaniz didn’t respond.