Rep. Mike Lang Files Bill to End Pre-Trial Diversion Donation Fund

Texas Insider Report: AUSTIN Texas Today Texas State Representative Mike Lang filed HB 2273 relating to the repeal of certain statutes allowing a county attorney or commissioners court to accept gifts or grants to finance or assist the operation of the office of county attorney. Representative Lang firmly feels that legislation needs to be passed in order curtail potential corruption among elected county officials. Legislation was filed in 2007 that created a donation fund allowing for gifts and grants to be given to the county attorney in order to dismiss cases.

Representative Langs office gave the following background and context to this issue citing The Texas Observer who said Most prosecutors in Texas are barred by state law from taking gifts from people in their jurisdiction. Among the ethical questions such arrangements could raise the most basic is that a defendant could simply buy his way out of punishment for a crime...For nearly a decade the Brown County Attorneys Office has arguably done something similar... making donations from defendants the foundation of a pretrial diversion program that lets people avoid prosecution for drunk driving driving without a license shoplifting and other misdemeanors. In this way hundreds of defendants have paid a combined $250000 since 2008 to cover travel to conferences cellphones for...the county attorney and his staff and advertisements in the Brownwood High School cheer calendar according to county records. Representative Lang has filed HB 2273 to prevent improprieties from happening in the future. Brown County Justice of the Peace Pct. 4 Jim Cavanaugh endorses the bill by saying It does not pass the smell test when you have the county attorney collecting gifts and donations directly from defendants. Representative Lang stated When good men and women are put in a position where wrong can be done temptation can sometimes overcome even the best intentions. Lang continued by saying The law should be followed. At no time should donations be used to determine a cases outcome. Contributions and criminal action should not mix at any time. The Justice of the Peace and Constables Association also supports the bill stating As the JPCA our main concern is to ensure that everyone is following the law. As elected officials the bar should be set at an even higher standard. Anything less than performance at the expected level should not be tolerated. The significant power that the citizenry entrusted to them comes with great responsibility. HB 2273 provides a reasonable check on this power.

A recent attorney general opinion concluded that the existing law does not authorize the Brown County Attorneys office to require an accused to pay an amount to that office as a condition of a pretrial intervention agreement in excess of or in addition to the fee authorized by article 102.0121. Tex. Atty Gen. Op. KP-0121 (2016). See also Tex. Atty Gen. Op. No. JC-0042 (1999) at 1 (stating that although a prosecutor has broad discretion to refrain from prosecuting a violation of the law that occurs within his or her jurisdiction a prosecutor may not require an offender to contribute money to a public or private entity in consideration of the   prosecutors decision not to prosecute). Representative Mike Lang currently resides in Granbury with his loving wife Katie where they are active members of Stonewater Church. They have one son Ryan who lives and works in the DFW area. Lang served Texas as a law enforcement officer for 30 years. Lang serves as a member of the Committees on Criminal Jurisprudence and Special Purpose Districts.