You are, of course. What did you expect?
Texas taxpayers are on the hook for $45,000 so far in legal defense for Attorney General Ken Paxton as he attempts to ward off multiple complaints to the State Bar over his failed lawsuit seeking to overturn the 2020 presidential election at the U.S. Supreme Court.
Paxton faces at least three professional misconduct complaints that have been filed against him since the December suit, which the high court swiftly dismissed for lack of jurisdiction. The election case involved disputed presidential election ballots in Pennsylvania, Georgia, Michigan and Wisconsin.
Two complaints — one filed in June by a Democratic Party activist, consolidated with a few others, and another in July filed by the nonprofit Lawyers Defending American Democracy and 16 Texas lawyers, including four former presidents of the state Bar — alleged the Supreme Court suit was frivolous and that it included pleadings that Paxton knew to be false.
The Lawyers Defending American Democracy complaint is moving forward and will be heard by either a district court judge or an administrative panel, the complainants say.
“This is about his individual license, which is irrelevant to his position in office, so why shouldn’t he pay for it?” said Jim Harrington, one of the lawyers who filed a complaint against Paxton and a retired founder of the Texas Civil Rights Project, a nonprofit that advocates for voting rights. “He gets to do this game on Jan. 6, this unconstitutional Supreme Court action, and then turn around and have us pay twice for it? It’s outrageous.”
Attorneys with the Austin-based Gober Group and College Station-based West, Webb, Allbritton & Gentry billed more than 94 hours at various rates for work related to the bar complaints. Chris Gober, a GOP election lawyer known for his work defending the state’s political maps, had the highest rate at $525 an hour.
Some of the work described in the invoices included reviewing documents related to the complaints, discussing strategy and considering options, preparing for meetings with the Texas State Bar and reviewing and revising correspondence with the agency.
However, a response to the June batch of bar complaints against Paxton, which the office posted on its website, was signed by Deputy First Assistant Attorney General Grant Dorfman; none of the outside attorneys’ names appear on the filing. It’s unclear why both in-house and outside counsel appear to have been engaged in Paxton’s defense.
Because there’s free money to give to Paxton’s pals. This has been another edition of “Simple Answers to Simple Questions”.
See here for the most recent update. There is of course a hypocrisy angle in all of this, because of course there is.
Steve Fischer, elected State Bar director for the Western District of Texas and one of the attorneys who filed the 2015 complaint, said taxpayers shouldn’t have to bear the cost of Paxton’s defense.
“People elect an attorney general to do child support, whatever — not for that,” Fischer said. “To turn his office into his defense team, it just doesn’t sit right with me.”
According to a response to some of the latest complaints by the attorney general’s office in July, the State Bar Disciplinary Counsel received 81 grievances against Paxton and three against First Assistant Brent Webster related to the 2020 Supreme Court suit. All were dismissed upon initial review. Some were reinstated after appeals.
While the attorney general’s office’s role in fighting bar complaints may be a legal gray area, the agency is statutorily required to defend state officials and state agencies in court. Yet Paxton’s office has declined to represent those state agencies on several recent occasions, typically when it conflicts with his political inclinations.
In 2018, for example, his office refused to defend the Texas Ethics Commission as one of his largest political donors sues to dismantle the agency. Then again, in January 2020, the office abandoned the State Commission on Judicial Conduct when it was sued by a Waco judge whom the agency disciplined for refusing to perform same-sex marriages.
Paxton’s main complaint about the State Bar allowing this matter to proceed is that both the filing and the State Bar itself are motivated by partisan politics. Not him, though, of course. Never him.
You may think well, maybe we don’t want the government to pay for this government official’s defense because he’s so odious, but what happens when we elect a Democratic AG? Should Rochelle Garza or Joe Jaworski have to pay for their own defense against the avalanche of frivolous partisan complaints that will surely be filed against them? That would be bad, except that as the story notes the vast majority of the ones against Paxton got dismissed for lack of merit. I doubt it would be any different with a different AG. At least, it better not be. As long as it isn’t, and as long as the next AG has better ethical standards than Ken Paxton – an exceptionally low hurdle to clear – it shouldn’t be an issue.