The long-simmering proposal to merge the Travis County District Attorney’s Office and County Attorney’s Office into a new Criminal D.A. office is coming to a boil over the next month. County commissioners are expected to hear testimony today (Oct. 11) from interested stakeholders, with staff providing their analyses during upcoming court sessions (“Consolidate the Prosecutors,” Sept. 28). A vote on the county’s legislative agenda is currently scheduled for Nov. 13, and the proposed merger is expected to be on it. (Austin Sen. Kirk Watson is willing to carry the necessary legislation.)
The current officeholders, D.A. Margaret Moore (responsible for felony prosecutions) and C.A. David Escamilla (misdemeanors) believe a merger will streamline administration and end some duplication of criminal filings (“Merging the Travis Attorneys?” June 8). While County Judge Sarah Eckhardt has expressed support, other commissioners are waiting for the staff analyses – and other stakeholders, especially some criminal defense attorneys, have suggested the merger is a solution in search of a problem. Defense attorney Betty Blackwell fired off an email last week that carried a warning – wouldn’t Gov. Greg Abbott see the merger as creating a new office and assume the power to appoint the next Travis County criminal D.A.?
“The system is working well now,” Blackwell told the Chronicle, “and there’s no need to put too much power in one person.” She thinks the problem of overlapping prosecutions – felony and misdemeanor charges of the same defendants – is exaggerated and readily addressed. “I’ve been here forever,” Blackwell concluded. “I’ve seen good prosecutors and bad, and it’s just nice to have checks and balances.”
Blackwell’s email was more blunt, warning the county that “if we create this new office and the Governor appointed someone beside Margaret [Moore], it could and would wreak havoc on our criminal justice system.” Blackwell subsequently sent out a brief, second email, saying she had been informed by Eckhardt and Escamilla that the legislation would in fact result in a November 2020 election, with the newly elected D.A. taking office in January of 2021. (Failing that design, Eckhardt told the Chronicle, Watson would simply withdraw the proposed bill.)
Eckhardt said that she believes there would certainly be efficiencies under a merged office. Pending further analysis and feedback, she’s withholding judgment on whether the new system would also be “effective and fair.”
The arguments are clearly continuing, with the Austin Criminal Defense Lawyers Association caucusing this week to discuss the question – ACDLA board member Sidney Williams said sentiment among the members is divided and any group position uncertain.
This article appears in October 12 • 2018.
