In a significant legal development, a Texas appeals court has ruled that Republican Attorney General Ken Paxton can indeed face disciplinary action from the state bar association regarding his role in attempting to overturn the 2020 presidential election results. The decision comes after a disciplinary committee of the State Bar of Texas accused Paxton of making false claims of fraud in a lawsuit challenging President Joe Biden’s victory.
The Verdict: Paxton Can Be Sanctioned
A three-judge panel of the 5th District Court of Appeals affirmed that Paxton can be subject to discipline by the committee. The lawsuit against him seeks to hold him accountable in his personal capacity as an attorney, not merely as a public official. Judge Erin Nowell, an elected Democrat, emphasized that the focus of the allegations is on Paxton’s alleged misconduct, not the state’s.
Dissenting Opinion and Potential Appeal
The lone Republican on the panel, Judge Emily Miskel, dissented from the majority opinion. Paxton’s spokeswoman, Paige Willey, indicated that they would appeal the ruling, expressing confidence that the Supreme Court of Texas, where all nine members are Republicans, would not allow false claims and political revenge to affect the licensure of the state’s lawyers.
State Bar Response and Disciplinary Process
A spokeswoman for the State Bar of Texas and the committee declined to comment on the ruling. The disciplinary process against Paxton could lead to a range of punishments, from a written admonition to suspension or disbarment. This process resembles a trial, allowing both sides to present testimony and obtain records through discovery.
Paxton’s Status and Previous Investigations
Although Paxton is not obligated to maintain bar membership to serve as attorney general, state bar officials initiated investigations into complaints about his election lawsuit in 2021. A similar disciplinary proceeding against one of Paxton’s top deputies is awaiting a ruling by the Texas Supreme Court.
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