Agency Contact
This agency contact information was current at the time of the report but may have changed in the interim. Please call (512-463-5455) for current contact information of the agency's records manager or records liaison for these records.
Nita Parsons, Records Administrator
State Prosecuting Attorney's Office
Price Daniel, Sr. Building, Suite 202
PO Box 12405
Austin, TX 78711
Agency History and
Structure
The Office of State Prosecuting Attorney (State's
Attorney) was created by Senate Bill 123, 38th Legislature, Regular
Session in 1923. The office's primary legal authority is now codified
in V.T.C.A., Government Code, Chapter 42. The office represents
the state in all proceedings before the Court of Criminal Appeals
and in any stage of criminal cases before state courts of appeals
if the state's interests require. The office also assists district
and county attorneys who are representing the state before a court
of appeals if the local attorneys request such aid. All opinions
and decisions of the Court of Criminal Appeals and all opinions
from the 14 courts of appeals, which reverse or modify the judgment
of a trial court, are read and reviewed by the office. The State
Prosecuting Attorney is appointed by the Court of Criminal Appeals
for a two-year term.
Staffing is composed of the state prosecuting attorney,
three assistant state's attorneys and three classified positions.
All positions report directly to the state prosecuting attorney
who serves as the executive director.
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Project Review
I was assigned this agency for appraisal review
on September 25, 1995. I reviewed the agency history in the Guides
to Texas State Agencies, 3rd - 8th editions, the original
enabling legislation in General Laws, 38th Legislature, Chapter
165, 1923, and the current statutory authority in V.T.C.A, Government
Code, Chapter 42. I have also looked at Annual Financial Reports
and Requests for Legislative Appropriations. There were no destruction
requests for this agency. I reviewed the agency's records retention
schedule which had two series marked "A" for transfer to the State
Archives and two series marked "R" for archival review. The two
"A" series are: Biennial Budget Requests and Policies
and Procedures. The two archival review series are: Correspondence
and Meeting Speeches and Papers.
I had a telephone conversation about this agency
on October 13, 1995 with Mary Ann Albin, the records consultant
assigned to the Prosecuting Attorney office. I prepared a list
of questions concerning their records retention schedule and mailed
these along with our letter of introduction to the State Prosecuting
Attorney and the records administrator on October 16, 1995.
I, along with Mary Ann Albin and Vickie Cawthorne
from Records, met with the records administrator, Nita Parsons,
and Sandra Wachsmann, administrative technician, on November 21,
1995 to ask questions about the archival status of records on
their retention schedule and explain about the appraisal process.
During the meeting it was determined that two series on the schedule
- Policies and Procedures, coded "A", and Meeting Papers
and Speeches, coded "R" - were actually empty of any records.
After discussion with agency staff it became evident that neither
of these series are ever likely to have records added to them.
It was determined that these two series should be deleted from
the schedule. Finally, there was a note in the Remarks column
on each page of the schedule: "See Policy Statement." No one knew
what that remark meant or referred to so it was decided to delete
it. From this meeting I was able to gather enough information
to submit this report.
The overall lack of direct documentation for the
agency was also discussed and acknowledged during the appraisal
meeting. There are no minutes since there is no policy-making
board for the State Prosecuting Attorney . There are no executive
orders or administrative reports. There are no records to give
the overall administrative history of this agency back to its
origins in 1923. In sum, there is only a small amount of material
from the State Prosecuting Attorney to be considered for archival
status.
The work output of the State Prosecuting Attorney,
however, is documented by two series of case files, both marked
permanent for agency retention, but without an archival designation
on the retention schedule. Series 5A - "Case Files - SPA documents"
- contains copies of records produced by the State Prosecuting
Attorney for cases before the Court of Criminal Appeals. The Court
of Criminal Appeals keeps the original records in their case files.
Series 5B - "Case Files - DA documents" - contains copies
of records produced by District Attorneys from cases that the
State Prosecuting Attorney gives assistance. The District Attorneys
have the original case files. These case files also contain the
correspondence related to each case. Neither case file series
from the State Prosecuting Attorney, however, contains the record
copy and thus these series were not given archival status on the
retention schedule.
The State Archives, however, does have the original
case files from the Court of Criminal Appeals from 1892- 1975.
Thus, via the Court of Criminal Appeals, the State Archives has
received case files of the State Prosecuting Attorney. Through
these case files the work of the agency before the Court of Criminal
Appeals from 1923-1975 can be documented and preserved.
Archives Holdings:
None
Previous Destructions:
Destruction requests on file in the Archives and
Information Division of the Texas State Library were checked for
the State Prosecuting Attorney and none were found.
Project Outcome
I am recommending that of the four series coded
"A" or "R" that only the Biennial Budget Requests retain
its archival designation. Both Policies and Procedures
and Meeting Papers and Speeches are empty series and should
be deleted from the schedule. The fourth series, Correspondence,
I am not recommending for archival retention and it should have
its "R" designation removed from the schedule.
It was decided to add a new series to the schedule
for Strategic Plans since the agency had just created their first
strategic plan separate from their legislative appropriation requests.
Copies of strategic plans should be sent to the Publications Clearinghouse.
Delete the note - "See Policy Statement" - in the
Remarks column on each page of the schedule.
The Biennial Budget Requests and
Strategic Plans will provide historical coverage only back
to 1970 for an agency in existence since 1923. The original case
files of the State Prosecuting Attorney, however, are in the case
files of the Courts of Criminal Appeals and the State Archives
has the case files from the Court of Criminal Appeals from 1892-1975.
Thus, through the Court of Criminal Appeals, the State Archives
has received the case files of the State Prosecuting Attorney
from 1923-1975. Through these case files the State Archives will
be able to document the work of the State Prosecuting Attorney.
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Record Series
Reviews
Record Series Review
Series Title: Biennial Budget Requests
Agency: State Prosecuting Attorney
Dates: 1970-[ongoing] Current total volume and dates:
0.5 cubic foot
These records are retained by the agency for six years after passage
of the appropriations act. Actual holdings are 1990-[ongoing].
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Current Agency Location: These records are in the
offices of the State Prosecuting Attorney.
Archival holdings: None in the Archives and Information
Services Division of the Texas State Library.
The archival requirement for this series is fulfilled
by sending copies to the Publications Clearinghouse. The Clearinghouse
holds 1970-[ongoing]. Two copies of Requests for Legislative Appropriations
must be sent to the Publications Clearinghouse. (13 Texas Administrative
Code, Chapter 3, Section 3.3 (c)).
Description: These records are the legislative
appropriation requests of the State Prosecuting Attorney submitted
to the Legislative Budget Board and others. These records date
from 1970-[ongoing]. The records generally contain a narrative
introduction of the agency and its functions and programs. The
program objectives are listed along with a description of each
objective, discussions of performance measures, statistics, program
need indicators, and expenses--expended, current, and projected,
at different funding levels.
Purpose: The purpose of these records is to request
specific appropriations from the legislature and to provide justification
for the amounts requested.
Agency program: Biennial budget requests are a mandatory
requirement of the state budgetary process. The State Prosecuting
Attorney represents the state in all proceedings before the Court
of Criminal Appeals and in any stage of criminal cases before
state courts of appeals if the state's interests require. The
office also assists district and county attorneys who are representing
the state before a court of appeals and request assistance.
V.T.C.A., Government Code, Sections 42.001 and 42.005.
Arrangement: Chronological
Access Constraints: None
Use Constraints: None
Indexes or finding aids required for/or an aid to
access? No
Gaps? No budget requests from 1923 through 1969
are held by the agency, the Archives, or the Publications Clearinghouse.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file
in the Archives and Information Services Division of the Texas
State Library were checked for the State Law Library and none
were found for this series or for equivalent or related series.
Publications based on records: Legislative Budget
Board, Legislative Budget Estimates, have been published
since fiscal years 1954-1955. This publication, a compilation
of data for all state agencies, summarizes the fiscal information
found in agency-submitted budgets or appropriation requests, but
omits most of the narrative.
Scheduled record series? yes
Title: Biennial Budget Requests
Series item number: 1.1.004
Agency item number: 1
Archival code: "A"
Retention: AC + 6
Recommendation: Biennial budget requests prepared
by state agency boards and/or commissions provide evidence of
an agency's fiscal performance needs. The State Prosecuting Attorney's
retention schedule should continue to use "A" as the Archival
Code for these records. The current note in the Remarks column
- "Leg. Ref. Library retains permanent copies. Send required copies
to the Publications Clearinghouse" - needs clarification and editing.
The copy in the Legislative Reference Library is not the archival
copy. The archival requirement is only fulfilled by sending copies
to the Publications Clearinghouse of the Texas State Library.
Delete mention of the Legislative Reference Library in this note.
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Record Series Review
Series Title: Correspondence
Agency: State Prosecuting Attorney
Dates: 1980-[ongoing]
Current total volume and dates: 1.5 cubic feet
Retained by the agency for three years after purpose served. Actual
holdings are 1980-[ongoing].
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Current Agency Location: These records are in a
file drawer in the office of the records administrator.
Archival Holdings: None in the Archives and Information
Services Division of the Texas State Library.
Description: The staff calls this a miscellaneous
correspondence file. It is the only correspondence file maintained
for the agency as a separate entity. Correspondence dates from
1980-[ongoing]. As indicated in the Remarks column of the schedule,
the file is purged annually of what is considered to be the general
correspondence for that year and what remains is the "research"
correspondence that stays in this file indefinitely. This research
correspondence is with other state agencies on internal office
functions such as memos from the Comptroller's Office regarding
the budget, letters from the Department of Health concerning drug
testing of state employees, and letters from the State Library
about records management and archival appraisal.
Correspondence related to legal cases is filed
separately in the case files.
Purpose: These records are maintained primarily
to document dealings with other state agencies.
Agency program: The State Prosecuting Attorney represents
the state in all proceedings before the Court of Criminal Appeals
and in any stage of criminal cases before state courts of appeals
if the state's interests require. The office also assists district
and county attorneys who are representing the state before a court
of appeals and request assistance.
V.T.C.A., Government Code, Sections 42.001 and 42.005.
Arrangement: Chronological
Access Constraints: None
Use Constraints: None
Indexes or finding aids required for, or an aid
to access? No
Gaps? These is no correspondence prior to 1980 held
by the agency, the Archives, or the Publications Clearinghouse.
Problems: None
Known related records in other agencies: None Previous
destructions: Destruction requests on file in the Archives and
Information Services Division of the Texas State Library were
checked for the State Prosecuting Attorney and none were found
for this series or for equivalent or related series.
Publications based on records: None
Scheduled record series? yes
Title: Correspondence
Series item number: 1.1.007
Agency item number: 2
Archival code: R
Retention: PS + 3
Recommendation: While this "research" correspondence
is the closest to administrative correspondence that the State
Prosecuting Attorney's Office has to offer, and while overall
there are few archival records available from this agency, these
are not enough to justify the retention of this correspondence.
This series contains correspondence relating to internal office
matters, not to the program functions of the agency as the state's
attorney. The research value is limited, really only of use to
the staff, documenting routine dealings with other state agencies.
These records do not have enough substance to merit permanent,
archival retention. I am recommending that the "R" should be dropped
from the retention schedule and the retention period in place
be implemented.
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Record Series Review
Series Title: Strategic Plan
Agency: State Prosecuting Attorney
Dates: 1995
Current total volume and dates: fractional
Retained by agency permanently. The agency completed their first
plan in 1995.
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation:
Current Agency Location: These records are housed
at the offices of the State Prosecuting Attorney.
Archival Holdings: None in the Archives and Information
Services Division of the Texas State Library.
Archival requirement for this series is fulfilled
by sending copies to the Publications Clearinghouse, Texas State
Library. The Clearinghouse does not yet have any copies. Fifty-five
copies of strategic plans should be sent to the Publications Clearinghouse
(13 Texas Administrative Code, Section 3.3 (a) (3)).
Description: Strategic plans are long-range planning
tools prepared by the agency in which the goals and objectives
of the agency are presented along with performance measures for
each. Plans contain a mission statement, a statement of philosophy,
and external/internal assessment of the agency, and the goals
of the agency. Each goal contains objectives, outcome and efficiency
measures, strategies, output measures, and explanatory measures
for measuring and achieving the goals. Also present in most agency
strategic plans is an organization chart of the agency. The office
of the State Prosecuting Attorney prepared its first plan in 1995
for the time frame of 1995-1999.
Purpose: This plan is a long-range planning tool
prepared by the agency which sets forth goals and objectives of
the agency over a multi-year period.
Agency program: The State Prosecuting Attorney represents
the state in all proceedings before the Court of Criminal Appeals
and in any stage of criminal cases before state courts of appeals
of the state's interests require. The office also assists district
and county attorneys who are representing the state before a court
of appeals and request assistance.
V.T.C.A., Government Code, Sections 42.001 and 42.005.
Arrangement: Only one plan has been produced so
an arrangement pattern is not yet in effect.
Access Constraints: None
Use Constraints: None
Indexes or finding aids required for, or an aid
to access? No
Gaps? None
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file
in the Archives and Information Services Division of the Texas
State Library were checked for the State Prosecuting Attorney
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Scheduled record series? No
Equivalent record series? Yes
Title: Strategic Plans
Series item number: 1.1.055 [on the Texas State Records Retention
Schedule]
Agency item number: To be assigned
Archival code: A
Retention: PM
Recommendation: Strategic plans document the long-range
planning activities of the State Prosecuting Attorney and are
considered archival. Strategic plans are not currently on the
retention schedule of the State Prosecuting Attorney. Therefore,
strategic plans need to be added as a new series to the schedule
with an Archival Code of "A" and a retention period of "PM." The
archival mandate is fulfilled by sending copies to the Publications
Clearinghouse. A note also needs to be added in the Remarks column
of the retention schedule - "Copies sent to the Publications Clearinghouse
fulfill the archival mandate for this series."
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