A Texas appeals court has ruled that Republican Attorney General Ken Paxton can face discipline from the state bar association for his involvement in the failed effort to overturn the 2020 presidential election. The 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 court ruled that Paxton could be sanctioned by the committee as the lawsuit targeted him in his personal capacity as an attorney, not as a public official. Judge Erin Nowell, an elected Democrat, highlighted that the focus of the allegations was on Paxton’s alleged misconduct, not that of the State.
In a 2-1 opinion, the court decision was not unanimous, with the lone Republican judge on the panel, Judge Emily Miskel, dissenting. A similar lawsuit was also filed against one of Paxton’s top deputies. A coalition of state Republican attorneys general urged the Texas Supreme Court to reject the bar’s efforts to impose discipline. Paxton’s spokeswoman expressed confidence that the Supreme Court of Texas would not let false claims by the State Bar and political revenge impact the professional licensure of the state’s lawyers. The State Bar and the committee accusing Paxton declined to comment on the ruling.
Paxton, a high-profile attorney, is among those facing potential sanctions for supporting former President Donald Trump in questioning the election results. The state bar’s disciplinary actions can range from a written admonition to suspension or disbarment. The disciplinary process involves a trial-like setup, with both sides presenting testimony and obtaining records through discovery. Despite the potential discipline from the State Bar, Paxton is not required to have bar membership to serve as the attorney general. The state bar initiated an investigation into complaints regarding Paxton’s election lawsuit in 2021, and a similar disciplinary proceeding against his top deputy is awaiting a ruling from the Texas Supreme Court.
Overall, the court’s ruling allows Paxton to face disciplinary action for his involvement in the lawsuit challenging the 2020 election results. While there were dissenting opinions within the court, the decision sets the stage for a potential trial-like process within the State Bar of Texas. The outcome of this disciplinary action could range from a written admonition to suspension or disbarment, but it will ultimately determine the impact on Paxton’s professional licensure as an attorney. The involvement of high-profile figures like Paxton in the election challenge led by former President Trump has raised questions about the role of attorneys in such contentious legal battles and the potential consequences they may face.
