Ken Paxton, in His Official Capacity as Attorney General for the State of Texas and the Office of the Attorney General for the State of Texas v. Delia Garza, in Her Official Capacity as Travis County Attorney; John Creuzot, in His Official Capacity as Dallas County Criminal District Attorney; And Brian Middleton, in His Official Capacity as District Attorney of Fort Bend County (268th Judicial District)

• Court: Court of Appeals of Texas
• Decided: June 30, 2025
• Docket: 15-25-00116-CV
• Status: Published

Opinion

15-25-00116-CV

D-1-GN-25-003445 TRIAL COURT CASE NO. _________________

§ IN THE DISTRICT COURT FILED IN § 15th COURT OF APPEALS § TRAVIS COUNTY, ________ TEXAS AUSTIN, TEXAS § 6/30/2025 9:04:19 AM § JUDICIAL DISTRICT CHRISTOPHER A. PRINE Clerk DISTRICT CLERK’S INFORMATION SHEET THE FOLLOWING INFROMATION HAS BEEN COMPILED BY THE DISTRICT CLERKS OFFICE :

Date of order appealed: JUNE 20, 2025 Type of Order (Interlocutory or Final) ACCELERATED Date Motion for New Trial Filed: Request for Findings of Fact and Conclusions of Law filed: Date Notice of Appeal Filed: JUNE 27, 2025 Name of judge who entered judgment: CATHERINE A. MAUZY Name of court reporter: RACHELLE PRIMEAUX Address of court reporter: 1700 GUADALUPE, 11 TH FLOOR, AUSTIN, TX 78701 Name of attorney on appeal: WILLIAM H FARRELL SB#: 00796531 Attorney Address: PO BOX 12548, AUSTIN, TX 78711-2548 biff.harrell@oag.texas.gov Attorney E-Mail Address: __________________________________________________ Attorney on appeal (check applicable box): □ appointed retained □ Pro Se ALEXANDRIA OBERMAN 24131555 Name of Appellee’s Attorney:___________________________________SB#________________ 900 16TH STREET, NW WASHINGTON DC 20006 Attorney Address:_________________________________________________________ aobennan@milchev.com Attorney E-Mail Address:___________________________________________________

Send Information Sheet, Notice of Appeal and Motion for New Trial (if filed) to: Third Court of Appeals (E-Mail Copy in PDF format to: 3rdClerksAndReporters@txcourts.gov) Court Reporter: ______E-Mail _______Hand Delivery _______Mail

On By: (clerk’s initials) 6/27/2025 4:29 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-25-003445 D-1-GN-25-003445 Selina Hamilton (Lead Case)

DELIA GARZA, in her official § IN THE DISTRICT COURT Capacity as Travis County Attorney; et al. § § v. § OF TRAVIS COUNTY, TEXAS § KEN PAXTON, in his official capacity as § Attorney General for the State of Texas, et al. § 459th JUDICIAL DISTRICT

CONSOLIDATED WITH

CAUSE NO. D-1-GN-25-003531

JOHN CREUZOT, et al. § IN THE DISTRICT COURT § v. § OF TRAVIS COUNTY, TEXAS § KEN PAXTON, et al. § 353rd JUDICIAL DISTRICT

AND

CAUSE NO. D-1-GN-25-003581

BRIAN M. MIDDLETON, et al. § IN THE DISTRICT COURT § v. § OF TRAVIS COUNTY, TEXAS § KEN PAXTON, et al. § 98th JUDICIAL DISTRICT

DEFENDANTS’ NOTICE OF APPEAL

Defendants, Ken Paxton, in his official capacity as the Attorney General for the State of

Texas, and the Office of the Attorney General for the State of Texas hereby give notice of appeal

from the Order issued by Judge Catherine Mauzy on June 20, 2025, which granted Plaintiff’s

Application for Temporary Injunction. Defendants file this Notice of Appeal pursuant to Texas

Rule of Appellate Procedure 25.1(a). Defendants are entitled to an interlocutory appeal pursuant to Texas Civil Practice and

Remedies Code 51.014(a)(4) which allows for an immediate appeal from an order that grants a

temporary injunction. Defendants appeal to the Fifteenth Court of Appeals. This is an accelerated

appeal as provided by Texas Rule of Appellate Procedure 28.1(a). This is not a parental termination

or child protection case or an appeal from an order certifying a child to stand trial as an adult. This

appeal involves a matter brought against an office of the state in the executive branch and a state

official in the executive branch arising out of that officer’s official conduct. This case also involves

a challenge to the constitutionality of a state rule, and the Attorney General is a party to the case.

Upon filing of this instrument, the order issued on June 20, 2025 is superseded pursuant to Texas

Civil Practice and Remedies Code 6.001(b), and Texas Rules of Appellate Procedure 25.1(h) and

29.1(b). See In re Abbott, 645 S.W.3d 276, 280 (Tex. 2022). Pursuant to section 6.001, as

governmental entities and officers, Defendants are not required to file a supersedeas bond for court

costs. Defendants’ appeal is therefore perfected upon the filing of the notice of appeal.

Date: June 27, 2025 Respectfully submitted.

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief, General Litigation Division

2 /s/ William H. Farrell WILLIAM H. FARRELL Texas Bar No. 00796531 Assistant Attorneys General General Litigation Division P.O. Box 12548 Austin, Texas 78711-2548 T: (512) 979-5561 | F: (512) 320-0667 biff.farrell@oag.texas.gov

COUNSEL FOR DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that on June 27, 2025, this document was filed electronically via the Court’s electronic filing system causing electronic service upon all counsel of record.

/s/ William H. Farrell WILLIAM H. FARRELL Assistant Attorney General

3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Nicole Myette on behalf of William Farrell Bar No. 796531 nicole.myette@oag.texas.gov Envelope ID: 102546879 Filing Code Description: Notice of Appeal Filing Description: DEFENDANTS' NOTICE OF APPEAL Status as of 6/30/2025 8:56 AM CST

Associated Case Party: JOSE P. GARZA, IN HIS OFFICIAL CAPACITY AS TRAVIS COUNTY DISTRICT ATTORNEY

Name BarNumber Email TimestampSubmitted Status

Leslie Dippel leslie.dippel@traviscountytx.gov 6/27/2025 4:29:53 PM SENT

Cynthia W.Veidt cynthia.veidt@traviscountytx.gov 6/27/2025 4:29:53 PM SENT

Todd A.Clark Todd.Clark@traviscountytx.gov 6/27/2025 4:29:53 PM SENT

Case Contacts

Christopher Garza 24078543 christopher.garza@harriscountytx.gov 6/27/2025 4:29:53 PM SENT

Associated Case Party: KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL FOR THE STATE OF TEXAS

William Farrell 796531 biff.farrell@oag.texas.gov 6/27/2025 4:29:53 PM SENT

Associated Case Party: SHAWN W. DICK DISTRICT ATTORNEY OF WILLIAMSON COUNTY, TEXAS (26TH JUDICIAL DISTRICT)

Randy Leavitt 12098300 randy@randyleavitt.com 6/27/2025 4:29:53 PM SENT

Associated Case Party: BRIAN M. MIDDLETON DISTRICT ATTORNEY OF FORT BEND COUNTY, TEXAS (268TH JUDICIAL DISTRICT)

Name BarNumber Email TimestampSubmitted Status Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Nicole Myette on behalf of William Farrell Bar No. 796531 nicole.myette@oag.texas.gov Envelope ID: 102546879 Filing Code Description: Notice of Appeal Filing Description: DEFENDANTS' NOTICE OF APPEAL Status as of 6/30/2025 8:56 AM CST

Associated Case Party: BRIAN M. MIDDLETON DISTRICT ATTORNEY OF FORT BEND COUNTY, TEXAS (268TH JUDICIAL DISTRICT)

Justin Pfeiffer 24091473 jpfeiffer@gavrilovlaw.com 6/27/2025 4:29:53 PM SENT

Associated Case Party: OFFICE OF THE ATTORNEY GENERAL FOR THE STATE OF TEXAS

Nicole A.Myette nicole.myette@oag.texas.gov 6/27/2025 4:29:53 PM SENT

William Farrell biff.farrell@oag.texas.gov 6/27/2025 4:29:53 PM SENT

Associated Case Party: HARRIS COUNTY

Tiffany Bingham 24012287 tiffany.bingham@harriscountytx.gov 6/27/2025 4:29:53 PM SENT

Associated Case Party: CHRISTINA SANCHEZ, IN HER OFFICIAL CAPACITY AS EL PASO COUNTY ATTORNEY

Bernardo RafaelCruz b.cruz@epcountytx.gov 6/27/2025 4:29:53 PM SENT

Christina Sanchez Ch.sanchez@epcountytx.gov 6/27/2025 4:29:53 PM SENT

Carl Jones Carl.Jones@epcountytx.gov 6/27/2025 4:29:53 PM SENT

Pamela Lopez Pam.Lopez@epcountytx.gov 6/27/2025 4:29:53 PM SENT

MeLissa Contreras M.Contreras@epcountytx.gov 6/27/2025 4:29:53 PM SENT

Isela Baeza i.baeza@epcountytx.gov 6/27/2025 4:29:53 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Nicole Myette on behalf of William Farrell Bar No. 796531 nicole.myette@oag.texas.gov Envelope ID: 102546879 Filing Code Description: Notice of Appeal Filing Description: DEFENDANTS' NOTICE OF APPEAL Status as of 6/30/2025 8:56 AM CST

Associated Case Party: DELIA GARZA, IN HER OFFICIAL CAPACITY AS TRAVIS COUNTY ATTORNEY

Cynthia W.Veidt cynthia.veidt@traviscountytx.gov 6/27/2025 4:29:53 PM ISENT I Associated Case Party: JAMES MONTOYA, IN HIS OFFICIAL CAPACITY AS EL PASO COUNTY DISTRICT ATTORNEY

Christina Sanchez Ch.sanchez@epcountytx.gov 6/27/2025 4:29:53 PM SENT

Bernardo Cruz b.cruz@epcountytx.gov 6/27/2025 4:29:53 PM SENT

Associated Case Party: DALLAS COUNTY

Alexandria Oberman aoberman@milchev.com 6/27/2025 4:29:53 PM SENT

Michael Satin msatin@milchev.com 6/27/2025 4:29:53 PM I I SENT 06/20/2025 12:23:10 PM Velva L. Price District Clerk Travis County D-1-GN-25-003445 CAUSE NO. D-1-GN-25-003445

DELIA GARZA, in her official capacity as § Travis County Attorney; JOSÉ P. GARZA, § in his official capacity as Travis County § District Attorney; TRAVIS COUNTY; § JAMES MONTOYA, in his official capacity § as El Paso County District Attorney; § CHRISTINA SANCHEZ, in her official § capacity as El Paso County Attorney; and § EL PASO COUNTY, § § and § § JOHN CREUZOT, in his official capacity as § CAUSE NOS. D-1-GN-25-003445 Dallas County Criminal District Attorney; § D-1-GN-25-003531 DALLAS COUNTY; JOE GONZALES, in § D-1-GN-25-003581 his official capacity as Bexar County § Criminal District Attorney; BEXAR § IN THE DISTRICT COURT COUNTY; SEAN TEARE, in his official § 459thJUDICIAL DISTRICT capacity as Harris County District § TRAVIS COUNTY, TEXAS Attorney; and HARRIS COUNTY, § § and § § BRIAN M. MIDDLETON, in his official § capacity as District Attorney of Fort Bend § County, Texas (268th Judicial District) and § SHAWN W. DICK, in his official capacity § as District Attorney of Williamson County, § Texas (26th Judicial District), § § Plaintiffs, § § v. § § KEN PAXTON, in his official capacity as § Attorney General for the State of Texas, and § the OFFICE OF THE ATTORNEY § GENERAL for the State of Texas, § Defendants. §

1 ORDER GRANTING PLAINTIFFS’ APPLICATIONS FOR TEMPORARY INJUNCTION

On June 16, 2025, the Court considered Plaintiffs’ applications for a temporary injunction

in the above-captioned consolidated cases filed against the Office of the Attorney General of Texas

(“OAG”) and Warren Kenneth Paxton, Jr., in his official capacity as the Attorney General of Texas

(“Attorney General Paxton” or “Attorney General”) (collectively, “Defendants”). Plaintiffs are

district and county attorneys Travis County Attorney Delia Garza, Travis County District Attorney

José P. Garza, El Paso County District Attorney James Montoya, El Paso County Attorney

Christina Sanchez, Dallas County Criminal District Attorney John Creuzot, Bexar County

Criminal District Attorney Joe Gonzales, Harris County District Attorney Sean Teare; 268th

Judicial District Attorney Brian M. Middleton, and 26th Judicial District Attorney Shawn W. Dick

(collectively, “Prosecutor Plaintiffs”), and Travis County, El Paso County, Dallas County, Bexar

County, and Harris County (collectively “County Plaintiffs”) (together, “Plaintiffs”).

Plaintiffs challenge Defendants’ adoption of a new Chapter 56 in Title 1 of the Texas

Administrative Code (the “Challenged Rules”). Based on the facts and law set forth in Plaintiffs’

applications, the supporting declarations, and briefs submitted by the Parties, as well as the

testimony and other evidence and arguments of counsel presented at the June 16, 2025, hearing on

Plaintiffs’ applications, this Court finds sufficient cause to enter a Temporary Injunction. Plaintiffs

state a valid cause of action against each Defendant; they have a probable right to the declaratory

and permanent injunctive relief they seek; and they will suffer probable, imminent, and irreparable

injury absent a temporary injunction.

Plaintiffs are likely to prevail after a trial on the merits of their claims that: (1) Texas

Government Code Section 41.006 does not confer any administrative rulemaking authority on the

OAG and the Challenged Rules are therefore invalid and Defendants’ promulgation and

2 enforcement is an ultra vires act; (2) even if the statute confers rulemaking authority, the

Challenged Rules impermissibly impose burdens and conditions not authorized by the statute; (3)

the Challenged Rules are not in substantial compliance with the reasoned justification requirement

of Section 2001.033 of the Administrative Procedure Act; and (4) the Challenged Rules violate

the Separation of Powers Clause of the Constitution because they permit the Executive Branch

(the OAG) to interfere with Judicial Branch officers’ performance of their prosecutorial duties.

The Court further finds that Plaintiffs will suffer imminent and irreparable harm if they are

forced to comply with the Challenged Rules because, among other reasons:

1. They will need to expend a significant amount of resources, personnel time, and taxpayer funds to provide the first quarterly report and initial report due on June 30, 2025, and July 1, 2025, respectively, and subsequent quarterly and annual reports. Compliance with the Challenged Rules has already diverted and will continue to divert resources and personnel time from performing necessary tasks related to the investigation and prosecution of criminal activity.

2. The Challenged Rules require disclosure of case files, explicitly including confidential work product and privileged communications, as well as documents containing, without limitation, private personal information about law enforcement officers, crime victims, arrestees, criminal defendants, and witnesses; protected information such as grand jury testimony and materials, medical information, mental health information, and information concerning substance abuse disorders and treatments; sexually explicit images of both adults and children; and law enforcement investigation materials.

3. Plaintiffs will be forced to disclose confidential information about previous and ongoing criminal prosecutions and law enforcement investigations, including records and information that are specifically protected from unauthorized disclosure by Plaintiffs under other state and/or federal laws that contain both civil and criminal penalties.

4. Plaintiffs will be forced to disclose the private and confidential information provided to the district and county attorneys in connection with the performance of their prosecutorial duties and such disclosure of confidential and private information containing highly sensitive and personal matters to Defendants will discourage people from reporting crimes, investigating crimes, and/or participating in the prosecution of crimes, thereby decreasing the Plaintiffs’ ability to perform their constitutionally assigned duties and protect their communities from criminal activity.

3 This Court further finds that the Challenged Rules changed the status quo by requiring

Plaintiffs to prepare and produce reports they have never been required to prepare.

Plaintiffs are not seeking and would not be entitled to receive damages or an adequate

remedy at law.

The Temporary Injunction being entered by the Court today maintains the status quo prior

to March 28, 2025, the date the Challenges Rules were adopted, and should remain in effect until

the conclusion of this litigation, including on appeal.

IT IS THEREFORE ORDERED that, until all issues in this lawsuit are finally and fully

determined, Defendants are immediately enjoined and restrained from enforcing the Challenged

Rules, adopted on March 28, 2025. This Temporary Injunction restrains the following actions by

the Defendants: (1) further implementing the Challenged Rules; (2) enforcing the Challenged

Rules; (3) taking any actions for alleged non-compliance with the Challenged Rules; (4) assisting

or encouraging other persons to take any action, administrative or otherwise, based upon an alleged

non-compliance with the Challenged Rules; (5) investigating for alleged non-compliance with the

Challenged Rules; (6) declaring non-compliance with the Challenged Rules and/or taking any

actions due to alleged non-compliance, as set forth in Section 56.8 of the Challenged Rules; (7)

implementing or enforcing any of the Office of Attorney General’s policies and internal operating

procedures to the extent that they have been updated in response to the adoption of the Challenged

Rules; and (8) imposing reporting requirements in any way related to the Challenged Rules.

It is further ORDERED that Defendants shall publish a copy of this Court’s order on the

OAG’s website before June 30, 2025.

It is further ORDERED that a trial on the merits of this case is to begin on December 8,

2025 at 9:00 am.

4 It is finally ORDERED that this Temporary Injunction Order is effective under the law,

and a cash bond in the amount of $10.00 shall be required of the Plaintiffs.

SIGNED on this ______ 20th day of June 2025.

____________________________ JUDGE PRESIDING

5 06/11/2025 01:59:05 PM Velva L. Price District Clerk Travis County D-1-GN-25-003445 Cause No. D-1-GN-25-003445

DELIA GARZA, in her official § In the District Court capacity as Travis County Attorney; § JOSE P. GARZA, in his official § capacity as Travis County District § Attorney; TRAVIS COUNTY; § JAMES MONTOYA, in his official § capacity as El Paso County District § Attorney; CHRISTINA SANCHEZ, § in her official capacity as El Paso § County Attorney; and § EL PASO COUNTY, § Plaintiffs, § § V. §. 459TH Judicial District § KEN PAXTON, § in his official capacity as § Attorney General for the § State of Texas, and the § OFFICE OF THE ATTORNEY § GENERAL for the State of Texas; § Defendants. § Travis County, Texas

AGREED ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION TO CONSOLIDATE CASES

After considering Plaintiff's Unopposed Motion to Consolidate Cases, response, and the

agreements of co·unsel, the Court finds that the motion is meritorious.

The Court hereby FINDS that it is in the interest ofjudicial economy and hereby GRANTS

Plaintiffs; Unopposed Motion to Consolidate Cases pursuant to Rule l 74(a) of the Texas Rules of

Civil Procedure.

It is Therefore ORDERED that (I) Cause No. D-I-GN-25-00353 1, John Creuzot, in his

official capacity as Dallas County Criminal District Attorney, et al. v. The Office of the Attorney General of Texas. et al.; in the 353 rd .Judicial District Court; Travis County, Texas and (2) Cause

No. D- l -GN-25-003581, Brian M. Middleton. in his official capacity as District Attorney of Fort

Bend County, Texas, et al. v. Warren Kenneth Pi!fton, Jr., in his official capacity as Texas Attorney

General, et al., in the 98'11 Judicial District Court, Travis County, Texas, are hereby consolidated

into Cause No. D-I-GN-25-003445, styled as Delia Garza, in her official capacity as Travis

County Attorney, et al. v. Ken Paxton, in his official capacity as Texas Attorney General, et al., in

the 459'" Judicial District Court, Travis County, Texas.

The District Clerk shall note on the docket sheet·for each cause number that the cases have

been consolidated.

Signed this I\ day of June, 2025.

JUDGE eR.ESIDING L)• "' • f'S' -.,v ~e:y AGREED AS TO FORM AND CONTENT:

Isl Cynthia W. Veidt LESLIE W. DIPPEL Leslie.Dippel@traviscountytx.gov TODD A. CLARI<. Todd.Clark@traviscountytx.gov CYNTHIA W. VEIDT Cynthia. Veidtcaltraviscountytx.gov Assistant Travis County Attorneys AITORNEYS FOR PLAINTIFFS, DELIA GARZA. IN HER OFFICIAL CAPACITY ASTRA VIS COUNTY AITORNEY, JOSE P. GARZA, IN HIS OFFICIAL CAPACITY ASTRA VIS COUNTY DISTRICT ATTORNEY. AND TRAVIS COUNTY

Isl Bernardo Cruz (by permission) Christina Sanchez • El Paso County Attorney ch.sanchez@epoountytx.gov Bernardo Rafael Cruz Assistant County Attorney b.cruz@epcountytx.gov AITORNEYS FOR EL PASO COUNTY DISTRICT AITORNEY JAMES MONTOYA, EL PASO COUNTY ATTORNEY CHRISTINA SANCHEZ. AND EL PASO COUNTY

Isl William "Bifi" Howard Farrell (by permission) WILLIAM "BIFF" HOWARD FARRELL Assistant Attorney General Office of the Attorney General Biff.E'arrell@oag.texas.gov ATTORNEYS FOR DEFENDANTS Isl Jonathan G.C. Fombonne (by permission) Jonathan G.C. Fombonne Deputy County Attorney and First Assistant Jonathan.Fombonne@haniscountytx.gov Tiffany S. Bingham Managing Counsel, Affirmative & Special Litigation Division Tiffany.Bingham@harriscountytx.gov Christopher- Garza Deputy Division Director, Affirmative & Special Litigation Division Christopher.Oarza@harriscountytx.gov • ' AITORNEYS FOR DISTRICT AITORNEY SEAN TEARE AND HARRIS COUNTY

Isl Alexandria Oberman (by permission) Alexandria Oberman Email: aobennan@milchev.com Michael J. Satin Email: msatin@milchev.com Laura G. Ferguson Email: lfeifill~milchev.com AITORNEYS FOR CRIMINAL DISTRICT AITORNEY JOHN CREUZOT; DALLAS COUNTY; CRIMINAL DISTRICT AITORNEY JOE GONZALES; AND BEXAR COUNTY •

Isl Justin C. Pfeiffer (by permission) JUSTIN C. PFEIFFER jpfeiffer@gavrilovlaw.com AITORNEY FOR BRIAN M. MIDDLETON, IN HIS OFFICIAL CAPACITY AS FORT BEND COUNTY DISTRICT ATTORNEY (268TH JUDICIAL DISTRICT

Isl Randy T. Leavitt (by permission) C. ROBERT HEATH bheath@bickerstaff.com RANDY T. LEAVITI randy@randyleavitt.com AITORNEYS FOR SHAWN M DICK IN HIS OFFICIAL CAPACITY AS WILLIAlvfSONCOUNTY DISTRICT AITORNEY (26TH JUDICIAL DISTRICT)