Texas Appeals Court Rules Attorney General Ken Paxton Can Face Discipline Over Election Lawsuit

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ICARO Media Group
Politics
19/04/2024 21h32

In a recent decision, a Texas appeals court has ruled that Attorney General Ken Paxton, a Republican, can face disciplinary action from the state bar association over his failed attempt to overturn the 2020 presidential election. The disciplinary committee of the State Bar of Texas had accused Paxton of making false claims of fraud in his lawsuit challenging President Joe Biden's victory.

During the Thursday hearing, a three-judge panel of the 5th District Court of Appeals concluded that Paxton could be sanctioned by the disciplinary committee. The panel stated that the focus of the committee's allegations was directly on Paxton's alleged misconduct as an attorney and not as a public official. Judge Erin Nowell, an elected Democrat, wrote in the 2-1 opinion, "The focus of the Commission's allegations is squarely on Paxton's alleged misconduct - not that of the State."

However, Judge Emily Miskel, the lone Republican on the panel, dissented from the opinion. A similar lawsuit was also filed against one of Paxton's top deputies. A coalition of state Republican attorneys general recently urged the Texas Supreme Court, composed entirely of Republicans, to reject efforts by the state bar to impose discipline.

Paxton's spokeswoman, Paige Willey, expressed their intention to appeal the ruling. "As in that case, we will appeal this ruling and we have full confidence the Supreme Court of Texas will not allow false claims by the State Bar and partisan political revenge to affect professional licensure of the state's lawyers," said Willey in a statement.

The disciplinary group of the State Bar of Texas can impose various punishments on attorneys, ranging from a written admonition to suspension or disbarment. The disciplinary process is similar to a trial and involves presenting testimony and obtaining records through discovery.

It is worth noting that bar membership is not a requirement for Paxton to serve as attorney general. The State Bar of Texas began investigating complaints regarding Paxton's election lawsuit in 2021. A similar disciplinary proceeding against Paxton's top deputy is awaiting a ruling from the Texas Supreme Court.

The ruling against Paxton signifies a significant development as he joins the list of high-profile attorneys facing potential sanctions for their involvement in former President Donald Trump's efforts to challenge the validity of the 2020 election results. It remains to be seen how this case will unfold and whether Paxton will face any disciplinary actions as a result of his contested lawsuit.

Both Paxton's spokeswoman and the State Bar of Texas declined to comment on the court's ruling.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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