Who can prosecute in Municipal Court?
Though many lawyers across the state exclusively prosecute, for the most part, Texas law does not acknowledge “prosecutor” as a category of governmental attorney. Rather, prosecution is generally a duty of certain attorneys who represent the State of Texas in criminal proceedings. In criminal law, the State of Texas includes government at the state and local level. Pursuant to the Texas Constitution such attorneys include district and county attorneys. The authority of other governmental attorneys to represent the State is created by statute. Such attorneys include the State Prosecuting Attorney, and attorneys who prosecute in municipal court. Attorneys who are authorized to represent the State of Texas in municipal court are generally limited to the following: • City Attorneys (Article 45.201, Code of Criminal Procedure – in non-record municipal courts) and (Section 30.490, Government Code – in municipal courts of record) • Deputy City Attorneys (Article 45.201, Code of Criminal Proce
