Texas Attorney General Ken Paxton, the state’s top lawyer, said Friday the state bar was suing him for professional misconduct related to his lawsuit challenging the 2020 presidential election.
“I have recently learned that the Texas State Bar — which has been waging a months-long witch-hunt against me — now plans to sue me and my top deputy for filing Texas v. Penn: the historic challenge to the unconstitutional 2020 presidential election joined by nearly half of all the states and over a hundred members of Congress,” Paxton said in a statement released on social media. “I stand by this lawsuit completely.”
A few hours after saying he was being sued by the bar, Paxton’s office announced an investigation into the Texas Bar Foundation for “facilitating mass influx of illegal aliens” by donating money to groups that “encourage, participate in, and fund illegal immigration at the Texas-Mexico border.” The foundation is made up of attorneys and raises money to provide legal education and services. It is separate from the State Bar of Texas, which is an administrative arm of the Texas Supreme Court.
Representatives for the Texas Bar Foundation could not immediately be reached for comment. Trey Apffel, executive director of the State Bar of Texas, said the bar and the foundation are privately funded and don’t receive taxpayer funds.
“The foundation is separately funded through charitable donations and governed by its own board of trustees,” Apffel said. “While we are unsure what donations are at issue here, we are confident that the foundation’s activities are in line with its mission of enhancing the rule of law and the system of justice in Texas.”
Paxton, an embattled Republican seeking a third term, said state bar investigators who now appear to be moving on a lawsuit against him are biased and said the decision to sue him, which comes a week before early voting in his GOP runoff for attorney general, was politically motivated. He is facing Land Commissioner George P. Bush in the May 24 election.
“Texas Bar: I’ll see you and the leftists that control you in court,” he said. “I’ll never let you bully me, my staff or the Texans I represent into backing down or going soft on defending the Rule of Law — something for which you have little knowledge.”
In fact, the investigation into Paxton has been pending for months. Last July, a group of 16 lawyers that included four former state bar presidents filed an ethics complaint against Paxton arguing that he demonstrated a pattern of professional misconduct, including his decision to file a federal lawsuit seeking to overturn the 2020 presidential elections in battleground states where former President Donald Trump, a Paxton ally, had lost. The attorneys said the lawsuit was “frivolous” and had been filed without evidence. The U.S. Supreme Court dismissed it, saying Texas had no standing to sue.
In March, the investigation moved ahead and Paxton was given 20 days to decide whether he wanted a trial by jury or an administrative hearing to resolve the complaint.
On Friday, a spokesperson for the state bar said the group had not been notified of a decision. Jim Harrington, a civil rights attorney and one of the lawyers who filed the ethics complaint, said he also had not been notified of a trial but that Paxton would have received notification.
“I was as surprised as you were to see that tweet this morning,” Harrington said.
See here for some background. You may note that happened in early March, almost two months ago, which is considerably more than 20 days. I don’t know if time moves more slowly in this context or if there just wasn’t any mechanism to enforce the decision Paxton had to make. Whatever the case, he made it and now he’s fundraising off of it. At least that much is par for the course, at least for him. While this case will be heard in Travis County, the judge who oversees it will be selected from the Texas Judicial Branch’s administrative region, which is a fairly large area. I don’t know how any of that works, either – this whole thing is kind of a black box. But it’s moving along, which is more than we can say for some other messes involving Ken Paxton.
UPDATE: Via email, a statement from the Texas Bar Foundation:
“The Foundation is extremely disappointed to learn that AG Paxton has decided to use taxpayer dollars on a fruitless exercise. Had AG Paxton taken the time to come and speak with us rather than issue a press release, I am confident that he would have found no wrongdoing on the part of the Foundation. Nevertheless, the Foundation is happy to cooperate and provide the AG’s office with documents and information relevant to the investigation.
Thousands of Texans have had their lives changed because of grants received from the Texas Bar Foundation. General Paxton is misinformed. The Foundation does not receive funding from taxpayer dollars. To the contrary, our grants are made possible by the generosity of Texas lawyers. We receive voluntary contributions from the Fellows of the Foundation, and those contributions enable the Foundation to award millions of dollars in grants. We will proudly continue to award grants to much-needed charities throughout Texas going forward.”
There’s a story in today’s Chron that has more information than this Trib story. I’ll do a separate post on that.