(a) A district attorney may not represent the state in a criminal case in which the attorney has been, before the attorney’s election, employed adversely to the state.
(b) A district or county attorney may not:
(1) be of counsel adversely to the state in any case in any court; or
(2) after the attorney ceases to be a district or county attorney, be of counsel adversely to the state in any case in which the attorney has been of counsel for the state.

Terms Used In Texas Code of Criminal Procedure 2A.105

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

(c) A judge of a court in which a district or county attorney represents the state shall declare the attorney disqualified for purposes of Article 2A.104 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney’s authority to prosecute. A disqualification under this subsection applies only to the attorney’s access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation.


Text of article effective on January 01, 2025

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