Justice is on the ballot this election season

During the 2024 primary election, voters across Texas will make critical decisions about the future of this state and their local communities. While many Texans may be keeping up with the high-profile races for President and the U.S. Senate, most remain unaware of the hugely significant races down ballot, including three seats on the Texas Court of Criminal Appeals as well as dozens of District Attorney (DA) races happening across the state, including important contests in El Paso, Harris, Nueces, and Travis Counties. Each of these races has implications for the use of the death penalty in Texas.

The power of District Attorneys

Not long ago, many District Attorneys could count on the power of incumbency to remain in office for decades, with often disastrous results for defendants. In recent years, however, there has been tremendous turnover in DA offices throughout Texas, including in most of the state’s largest jurisdictions. In many places, this has had a dramatic impact on the way justice is administered at the county level.

District Attorneys are the linchpin of the criminal legal system in their jurisdictions. The DA has the power to investigate felony cases and present evidence to a grand jury. They also decide whether to pursue charges or decline to prosecute, make bail recommendations to judges, and negotiate plea bargains. DAs select jurors, conduct trials, litigate appeals, and make recommendations about sentencing, probation, and parole after a conviction. As former U.S. Supreme Court Justice Robert H. Jackson once wrote, “The prosecutor has more control over life, liberty, and reputation than any other person in America.”

When it comes to the death penalty, DAs have the sole discretion as to whether they will seek a death sentence in capital murder cases. This is one of the costliest decisions a DA can make, regardless of the outcome of the trial. In recent years, we’ve seen prosecutors in rural and urban counties across Texas remove the death penalty as a sentencing option in dozens of capital murder cases. These decisions to waive death have been due in part to the increased difficulty of securing a death verdict as well as an acknowledgement of the significant long-term financial costs and strain on victims’ families associated with securing and maintaining a death sentence. DAs also work with state district judges (also elected by voters) to schedule executions once defendants have exhausted their appeals. 

One of the best ways to prevent new death sentences and stop executions is to elect district attorneys who acknowledge the flaws and failures of the criminal legal system and exercise their discretion to embrace alternatives to capital punishment. Click here for the full list of DA candidates in 2024, published by the Texas District & County Attorneys Association.

Ruling on life and death: The Texas Court of Criminal Appeals

While DAs hold all the cards at the front end of the capital process, the nine elected judges on the Texas Court of Criminal Appeals (CCA) wield the power of life and death on the back end. As the court of last resort for all criminal matters, the Texas CCA considers the automatic direct appeal in every death penalty case, as well as subsequent state habeas appeals, motions for a stay of execution, and other judicial proceedings. (Interesting fact: Only Texas and Oklahoma have separate high courts for civil and criminal matters.) Every election cycle, three seats on the court are up for grabs and will appear on the statewide ballot. You can learn about the current candidates for those seats in this nonpartisan voters guide published by the League of Women Voters of Texas.

Educate yourself!

As a nonpartisan organization, TCADP urges you to educate yourself about the Texas CCA and local DA candidates. Look for opportunities to engage with the candidates through listening sessions, meet and greets, forums, and debates as they make their closing arguments to voters for the primary and general election. Visit candidate websites to learn about the positions they hold on the death penalty and other criminal justice issues. This election season, look for the candidates who best represents your values and be sure to vote all the way down the ballot!

Additional information:

Learn more about how your elected district attorney impacts your community by visiting the Death Penalty at the County Level page on the TCADP website.

Read TCADP’s latest report, Texas Death Penalty Developments in 2023: The Year in Review.https://tcadp.org/reports/