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June 10th, 2021:

State Bar investigating Paxton

Well, well, well

Best mugshot ever

The Texas bar association is investigating whether state Attorney General Ken Paxton’s failed efforts to overturn the 2020 presidential election based on bogus claims of fraud amounted to professional misconduct.

The State Bar of Texas initially declined to take up a Democratic Party activist’s complaint that Paxton’s petitioning of the U.S. Supreme Court to block Joe Biden’s victory was frivolous and unethical. But a tribunal that oversees grievances against lawyers overturned that decision late last month and ordered the bar to look into the accusations against the Republican official.

The investigation is yet another liability for the embattled attorney general, who is facing a years-old criminal case, a separate, newer FBI investigation, and a Republican primary opponent who is seeking to make electoral hay of the various controversies. It also makes Paxton one of the highest profile lawyers to face professional blowback over their roles in Donald Trump’s effort to delegitimize his defeat.

[…]

Kevin Moran, the 71-year-old president of the Galveston Island Democrats, shared his complaint with The Associated Press along with letters from the State Bar of Texas and the Board of Disciplinary Appeals that confirm the investigation. He said Paxton’s efforts to dismiss other states’ election results was a wasteful embarrassment for which the attorney general should lose his law license.

“He wanted to disenfranchise the voters in four other states,” said Moran. “It’s just crazy.”

Texas’ top appeals lawyer, who would usually argue the state’s cases before the U.S. Supreme Court, notably did not join Paxton in bringing the election suit. The high court threw it out.

Paxton has less than a month to reply to Moran’s claim that the lawsuit to overturn the results in Georgia, Michigan, Pennsylvania and Wisconsin was misleading and brought in bad faith, according to a June 3 letter from the bar. All four of the battleground states voted for Biden in November.

From there, bar staff will take up the case in a proceeding that resembles the grand jury stage of a criminal investigation. Bar investigators are empowered to question witnesses, hold hearings and issue subpoenas to determine whether a lawyer likely committed misconduct. That finding then launches a disciplinary process that could ultimately result in disbarment, suspension or a lesser punishments. A lawyer also could be found to have done nothing wrong.

The bar dismisses thousands of grievances each year and the Board of Disciplinary Appeals, 12 independent lawyers appointed by the Texas Supreme Court, overwhelmingly uphold those decisions. Reversals like that of Moran’s complaint happened less than 7% of the time last year, according to the bar’s annual report.

See here, here, here, and here for the background on Paxton’s lawsuit, which you may recall was an effort by Texas and several other states to get SCOTUS to overturn the election result in four Biden-won states because the plaintiffs didn’t approve of their election laws. One reason why we can credibly claim that this lawsuit was not only without merit but that the lawyers who were filing it knew that it was without merit was that they would scream bloody murder if another state tried to meddle in their own jurisdictions. Following these (dangerous and seditious) legal shenanigans, one national group called for state bars to take action against the instigators. I don’t know if this filing was related to that, but it’s not hard to connect the dots.

Now whether anything comes of this, we don’t know. As the story notes, the odds against the complainants prevailing are slim. Still, it’s another front on which Paxton must battle to save his sorry ass, and I have no doubt that his response brief will provide some content of interest. I fervently hope that one witness who gets called is former Solicitor General Kyle Hawkins, who notably declined to argue Paxton’s filing before SCOTUS, which is what someone in his role would normally do. We deserve to know what he thought of all this. A ruling is likely months away, which may be just in time for the 2022 elections to be getting into full swing. Reform Austin has more.

The next voter registration project

Necessary, but not sufficient.

Still the only voter ID anyone should need

Texas Democrats’ takeaways from the 2020 election are clear: to take back our state from Texas Republicans, Democrats need to register more voters. With Republicans’ increasing extremism and relentless attacks on Texans this spring, the stakes have never been higher in the fight for Texas’ future.

Today, in a press conference with Congresswoman Veronica Escobar, Congresswoman Sheila Jackson Lee, Texas Senate Democratic Caucus Chair Carol Alvarado, State Sen. Royce West, Texas House Democratic Dean Senfronia Thompson, Texas Legislative Black Caucus Chair Nicole Collier, Mexican American Legislative Caucus Chair Rafael Anchía, House Democratic Caucus Chair Chris Turner, and Texas Democratic Party Chief Strategy Officer Luke Warford, Texas Democrats unveiled Project Texas, our comprehensive plan to register Texas Democrats and take back our state in the 2022 elections. The full recording of the press conference is available here, and you can read more about the plan here.

There are more than 2 million eligible Texans who would likely vote Democratic — but are not yet registered. With Project Texas, Texas Democrats will work to register as many of these voters as possible, because we believe that every eligible Texan should be able to register and vote, safely and conveniently. Texas Democrats have consulted with partners across the state and beyond to create a plan to get Texas Democrats registered — both using proven approaches, and testing out innovative ways to encourage Texans to fill out their forms and get registered.

Project Texas includes two phases. First, Texas Democrats will test out six approaches to voter registration through our 2021 pilot program, and identify which tactics work best. Then, we will scale up the most effective methods to do a massive voter registration push in 2022.

Of the 2 million unregistered likely Democratic voters in Texas, more than half are Latino, ⅕ are Black and ¼ are 25 years of age or younger. Outreach to young Texans and Latino and Black communities will be a foundational part of our Project Texas programming. Every Democrat we register gives Texans a better shot at tipping the scales and putting Democrats in power in 2022.

I agree that voter registration is an evergreen project – there are many people moving here, many people turning 18, many new citizens, and still many people who were never registered in the first place; we also have to remember the people who move to new addresses, and who fell off the voter rolls for one reason or another. There will never come a time when we can say “okay, we’re done here”. I doubt there will ever be a time when we’ll be able to just coast and let voter registration be a background task.

But as much as voter registration matters, it’s clearly not enough. For one thing, Republicans were registering voters in the 2020 cycle as well. I have no idea how many they might have signed up and how many of them subsequently turned out, but we don’t have this field to ourselves any more. Once people are registered, we have to turn them out, and we have to make sure the people we’re turning out are going to vote for our candidates. Lots of first-time Republicans showed up in 2020 as well, after all. We also need to be paying some more attention to our already-registered but less-frequent voters.

On the assumption that something like SB7 is eventually going to pass, the next part of this process is going to have to be to make sure all of our voters know what the new requirements and restrictions are. We’ve mostly managed to deal with the voter ID hurdle, and now there are going to be many more such obstacles. I hope we have a plan to make sure everyone knows what they will need to do to cast a ballot that counts in 2022 and beyond. For sure, whatever law we end up with will be litigated, but we can’t count on the courts to save us. We need to be prepared to live and vote in the world that is being foisted on us.

None of this is revolutionary, and I assume the TDP folks have their plans in place. I’m putting this out there in part to let you know about it and in part to make sure we’re all cognizant of how the ground is shifting. We have made a lot of progress in the last four years, as I hope my precinct analysis posts have shown, but there’s more to do and the conditions under which we do them are changing. We have to keep up with, and get ahead of, those changes.

Will Methodist fire its unvaccinated workers?

In two weeks, if they haven’t gotten vaccinated, the answer is Yes.

Dozens of cheering supporters gathered outside the Houston Methodist Baytown campus Monday evening as several medical workers who refused to get a COVID-19 vaccine ended their last shifts working for the hospital system.

The act of protest was aimed at what workers said was the hospital’s decision to suspend employees for two weeks without pay and then fire them for failing to immunize themselves.

Jennifer Bridges, a nurse who effectively lost her job at the Baytown facility for deciding not to be inoculated, said the goal was to stage a walkout but that did not go as planned. Participating employees who refused the vaccine’s first dose were told not to gather or linger on the hospital grounds after ending their shift, she said.

“The hospital wouldn’t let us do it,” Bridges said.

She got out of work early, emptied her locker and gathered with others on a grassy medium near the ambulance entrance to the hospital. Bridges fished a paper out of a backpack — a suspension report — that she had been asked to sign. She refused, she continued.

About 117 employees in May filed a class action lawsuit against the health system for requiring its workers to be vaccinated against COVID-19. Bridges said the plaintiffs in the suit are a mix of those who want more trial data to emerge on the long-term effects of the vaccine before taking it, and those who simply don’t want any shots.

Sorry, I’m with Methodist on this. I cannot see any reason why health care workers – who by the way were already required to get a flu shot every year – should be able to opt out of this. If the concern is that we still don’t know enough about the potential negative effects of the vaccines, which at this point have emergency authorization from the FDA and not full clearance yet, all I can say is that over 300 million doses have been administered so far, with basically zero serious negative effects. There’s no way that the risk analysis comes out more favorably for not being vaccinated. Hiring Jared Woodfill as your attorney for that class action lawsuit doesn’t say much for one’s commitment to science, either.

In the end, it’s a pretty small number of employees who are affected.

While nearly 25,000 Houston Methodist workers are now vaccinated against COVID-19, 178 employees are now suspended without pay for not receiving a shot.

In a Tuesday memo to hospital staff, Houston Methodist CEO Marc Boom said 27 of the 178 workers who have not been fully vaccinated have received at least one dose of the vaccine. If they comply, they will not face termination.

“I wish the number could be zero, but unfortunately, a small number of individuals have decided not to put their patients first,” Boom said.

More than 600 employees were granted deferrals or exemptions for medical or religious reasons, the hospital said.

The hospital will have a final number of employees fired for not complying with the vaccine mandate in two weeks. Houston Methodist also requires its workers to get an annual flu shot.

That’s 0.7% of the Methodist workforce that was affected, and some of them have already decided it wasn’t worth getting fired over. Good for them. All of these folks did have a choice, and they made it. That there are consequences is just how life is sometimes. Erica Greider and the Press have more.

Texas blog roundup for the week of June 7

The Texas Progressive Alliance hopes that Greg Abbott can refrain from taking out his frustrations on a bunch of legislative staffers as it brings you this week’s roundup.

(more…)

Update on the bike trail bridge

We have an estimate for repairs.

Weather-permitting — and the sky this weekend likely will not look that permitting — runners and cyclists along a popular Heights trail will have a key connection back by September.

Houston Parks Board officials said repairs to the MKT Bridge along the Heights Hike and Bike Trail will start in the coming days, potentially Friday. The $193,000 job will take 60-to-90 days, officials said. In the meantime, runners and riders should continue to detour along the White Oak Bayou Greenway and Heights Boulevard.

The bridge closing came after an Aug. 19 fire broke out in brush along the north side of the bridge, supported by large wooden beams and latticework. The span dates back decades, part of the old Missouri-Kansas-Texas Railroad line rebuilt a decade ago as the Heights Hike and Bike Trail.

The fire, which might have been set inadvertently, remains under investigation. A fireman and arson investigator reported minor injuries as a result of the blaze, which took about three hours to extinguish because it charred the thick wooden beams.

The effects, however, linger for trail users, who since have been unable to use the bridge — a key connection in the bayou trail system, just feet from the park board’s new signature greenway park.

See here for the background. The Friday in question was this past Friday, June 4, but I don’t know offhand if work has started – the rain probably put them off for now. As noted before, there is a detour that allows you to get around the disabled bridge, but it takes you a long way to do it. As it will have been a year since the fire by the time this is set to reopen, I’m sure everyone who uses this path will be very happy to see it be available again.

And more good news:

Some of the frustration, runners and cyclists said, is how close other usable trails are to the bridge, but remain inaccessible. The White Oak Trail ends at Stude Park within sight of the bridge, but does not connect to it, blocked by a flood control channel.

Unrelated to the bridge fire and repairs, that could soon change. Houston Public Works, after years of planning, is preparing to start construction on extending the trail. If work starts in August as expected, the $950,000 job to make the connection could be completed by the end of the year or early 2022, officials said.

I’ve looked at the end to this trail for years and wondered what it would take to make that obvious connection. I’m delighted to see that it is finally on the verge of happening.