Constables, Marshals, and More: Forgotten Offices in Texas Law Enforcement

Chapter 14 • District Attorney/County Attorney Investigators

Chapter 14 District Attorney/County Attorney Investigators Introduction Across the state of Texas, there are varieties of specialized investigator positions held by licensed peace officers. Many positions are so specialized that only one or two persons in the state hold them. Some special positions appear to hold authorization by statute and yet are not used anywhere. Death Investigators appear to fit this description. Texas state law authorizes their employment by coroners or medical examiners, but it appears very few if any exist. The best example of a specialized investigator position may be within District Attorney and County Attorney Offices. This is certainly the investigative area with the most licensed peace officers. History and Development Each county in the state of Texas having a County or District Attorney had to acquire authorization to create such an office from the governor. Authorization appears to have depended on the population growth and the growth in crime in each county. Once the office existed, authorization to hire additional personnel such as investigators followed the normal growth path of other government agencies. Need did not always translate into authorization, and many offices still find themselves understaffed. Development of the investigator position appears to have happened in the 1980s regardless or how long a County or District Attorney office existed. 139 140 Constables, Marshals, and More For example, Brazos County created its County Attorney office in the 1800s, but did not hire investigators until 1985.1 Polk County created its District Attorney office in 1987 and employed an investigator as one of the original staff members.2 District Attorney/County Attorney Investigators in Texas District Attorneys and County Attorneys are the prosecutors for all criminal cases in their respective jurisdictions. County Attorneys may also handle civil cases. An attorney licensed by the State Bar Association occupies each position . In most cases, voters elect District Attorneys and County Attorneys to their positions. In larger departments, Assistant District Attorneys or County Attorneys may achieve positions through channels other than election. Two-hundred-twenty-one Texas counties employ a County Attorney. The remaining 33 rely on the services of the District Attorney. County Attorneys handle cases below the level of the cases handled by the District Attorney . County Attorneys also generally perform duties as legal advisor for the county.3 According to Alderete, there are 202 licensed peace officers working for County Attorney offices. An additional 862 peace officers are working for District Attorney offices.4 Qualifications to be District Attorney/ County Attorney Investigators Whether in a District Attorney’s office or a County Attorney’s office, investigators are required to be licensed peace officers. They must meet the state licensing requirements as discussed in Chapter 2. The following requirements from the Harris County District Attorney’s Office are representative of statewide requirements: • Applicants must hold a Master Peace Officer Certification • Residency requirements include living within 50 miles of the office • A firearms proficiency course must be passed upon hiring5 Other requirements will vary depending on the office or division within Chapter 14: District Attorney/County Attorney Investigators 141 the office to which a person is applying. Generally, an investigator’s position is not an entry-level position attainable by a newly licensed officer.6 Professional Organization The Texas District and County Attorneys Association (TDCAA) provides a professional organization for all District and County Attorneys and their staffs in the state of Texas. This organization is non-profit and provides assistance in three core areas: • Continuing legal education courses • Technical assistance • Liaison between prosecutors and other organizations7 Several divisions within TDCAA serve specific segments of the prosecuting community. Investigators have their own division, which provides a communication forum and investigator specific resources.8 The open forum for investigators allows them to post questions and answers for each other, make suggestions about training needs, share relevant information, and generally keep in touch. This provides a valuable resource for investigators when dealing with strange cases, new crimes, or other issues. Special Requirements There are no specific extra requirements that are state mandated for investigators in DA or County Attorney Offices. In larger offices, investigators may be required to have special skills in order to work for specific divisions. In Harris County, for example, investigators can specialize in 14 different areas, each requiring specialized skills.9 Many offices assigned specialized personnel to certain types of crimes such as domestic violence or cases that could result in the death penalty. Investigators...