Requirements of a prosecutor

I’ve had questions about what the requirements are for District Attorneys in Texas, so I’d like to visit about that for a bit here. Under state law, they must be at least 18 years of age, and a Texas resident for a minimum of one year before running for D.A. Texas law takes residency requirements seriously for public servants like prosecutors and judges, so a District Attorney must also have resided in the same district (for instance, Milam County or Robertson County where a D.A. represents a single county) for at least six months prior to running for the position.

They must be a licensed attorney, which also means complet ing a cer t a in amount of Continuing Legal Education hours yearly and keeping their State Bar of Texas membership current. These requirements are important, and a mistrial in a major case recently occurred in South Texas when it was discovered that the prosecutor’s State Bar membership was expired.

Many Texas prosecutors, including myself, belong to the Texas District & County Attorneys Association, which offers a wide range of specialized training ranging from capital murder prosecution to assisting assault victims. The Texas Legislature seems to change our criminal laws just about any time it’s in session, so it’s vital to stay up to date on those changes.

The Texas Constitution sets a high standard for prosecutorial conduct inside and outside the courtroom. In fact, the Texas Code of Criminal Procedure says: “It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done.”

Beyond the legal requirements for serving as a District Attorney, I can tell you from being a prosecutor under different D.A.s that there’s really no substitute for prosecutorial experience in criminal cases, and there’s no time for on-thejob training when it comes to a job like District Attorney. In our office, we work long hours with local and state law enforcement and people in our communities to protect the innocent and punish the guilty. Prosecutors are expected under the Texas Constitution to pursue justice wherever it may lead, which can be a fulltime job and then some.

As always, I’m available for questions or comments at daoffice@milamcounty. net.