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Jim Harrington

Abbott and Patrick whine about State Bar complaint against Paxton

Poor, poor babies.

Best mugshot ever

The state’s top officials came to the defense of embattled Attorney General Ken Paxton, saying a state bar investigation into his professional conduct is “politically motivated” and raises questions about the state’s separation of powers.

On Friday, Paxton said he had filed an objection to a state bar investigation prompted by his decision to file a lawsuit challenging the results of the 2020 presidential elections in four battleground states. The U.S. Supreme Court dismissed the lawsuit saying Texas did not have standing to file it.

Paxton called the state bar investigation “partisan” and said it was “weaponizing” its regulatory power against the attorney general’s office.

[…]

Gov. Greg Abbott and Lt. Gov. Dan Patrick, also blasted the investigation into the fellow Republican. Abbott, a former attorney general, said said the issue presented a “threatened intrusion upon executive branch authority.”

“These allegations raise separation-of-powers questions under our Constitution,” Abbott said in a statement. “I am confident that the Supreme Court of Texas, to which the State Bar of Texas is ultimately accountable, will ensure that the judicial branch upholds the law.”

Patrick said the investigation “appears politically motivated.”

“It is clear the Investigatory Panel, stacked with Biden and Democrat donors and activists, has weaponized its state-granted power, intended to protect a fair and just practice of law, to instead launch an attack over political differences,” he said in a statement. “These actions undermine the integrity of the Investigatory Panel and the State Bar of Texas as a whole.”

See here, here, and here for the background. Note that there are two complaints against Paxton, so it’s not clear to me which one is being whined about or responded to. I’m picturing Paxton standing behind Abbott and Patrick, like a little brother who’s gotten in over his head with the neighborhood kids. He’s picked a fight he doesn’t think he can win, so he tries to scare off his antagonists. It’s like an episode of The Little Rascals, if Spanky or Alfalfa had been caught trying to overthrow the government. We live in such dumb times.

Another State Bar complaint against Paxton

He certainly deserves all the trouble this has brought him. Whether any of it leads to actual consequences, we’ll have to see.

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Four former presidents of the State Bar of Texas joined a group of high-profile lawyers on Wednesday to file an ethics complaint against Texas Attorney General Ken Paxton, a Republican, over his efforts to overturn President Joe Biden’s 2020 election victory against former President Donald Trump.

Paxton filed a widely criticized lawsuit with the Supreme Court in December, in which he sued the battleground states of Georgia, Michigan, Pennsylvania and Wisconsin over what he claimed were “unconstitutional irregularities” in their election processes. The Supreme Court rejected the lawsuit, which came as Trump and his allies repeatedly promoted baseless allegations that the 2020 presidential election was “rigged” or “stolen.”

The organization Lawyers Defending American Democracy, which asserts it is not partisan, filed the lawsuit in connection with 16 prominent Texas attorneys.

“The injunction Mr. Paxton sought with the Supreme Court would have usurped the presidency for the next four years and cast doubt on whether truly democratic presidential elections would ever have been restored in America,” Jim Harrington, one of the complaints signers and a retired founder of the Texas Civil Rights Project, said in a statement published on LDAD’s website.

Harrington said Paxton’s actions “demonstrated his disregard for the ethical rules which govern lawyers and for our country’s democratic principles.”

As you may recall, there’s already such a complaint against Paxton. I don’t know how the State Bar works, but I would assume these two would be combined. Reading that earlier post reminded me that Paxton was supposed to have responded to that complaint within 30 days, and indeed he has responded, asking for the complaint to be dropped – he’s basically saying that the original complainant doesn’t have standing to file against him. As a non-lawyer, I shrug my shoulders as I have no way to evaluate this claim on my own. Those of you who are lawyers, feel free to enlighten us.

Above the Law adds some details.

The bar complaint alleges that Paxton violated the Texas Disciplinary Rules of Professional Conduct by filing a frivolous suit, making false statements of fact and law to a tribunal, engaging in deceitful conduct, and failing to uphold the Constitution.

The complainants point to Paxton’s representation that Biden’s odds of winning the election were less than one in a quadrillion, a gross distortion of a economist Charles Cicchetti’s assertion that this was the probability of Biden winning if the votes before and after 3am were randomly drawn from the population as a whole. Cicchetti’s analysis was ridiculous on its face even before Paxton mangled it — the differential between in-person votes favoring Trump and absentee ballots favoring Biden had been widely predicted. And furthermore, smaller rural areas, which tend to lean Republican, were always going to complete their counting before cities like Philadelphia and Atlanta.

As for misstatements of law, the complainants point to Paxton’s bizarre theory of standing which “flew in the face of the Electors Clause and the bedrock constitutional principle of each State’s sovereignty within our federal system.”

“The standing to sue Mr. Paxton sought from the Supreme Court had no basis in law and would have been a prescription for an autocratic President to perpetuate his power indefinitely against the will of the voters,” said Gershon (Gary) Ratner, co-founder of Lawyers Defending American Democracy and principal author of the complaint.

Here’s the LDAD statement on their complaint, and here’s the complaint itself for your perusal. Note that they had called for Paxton to be sanctioned within a week of his filing that ridiculous lawsuit. I don’t know if it took them this long to prepare their complaint or if there was something else going on, but here we are. I don’t know enough to add anything else at this point, so stay tuned.

From the “Things that are not considered legislative emergencies” department

That list would include removing Texas’ unconstitutional anti-sodomy law from the books.

Although Texas’ so-called sodomy law cannot be enforced legally, civil rights advocates say it should be removed from the books because it creates a climate favorable to bullying, gay-bashing and hate crimes.

“By leaving it on the books, you create the potential for abuse,” said Jim Harrington, director of the Texas Civil Rights Project , which is representing two gay men who were kicked out of an El Paso restaurant in 2009 for kissing in public.

In 2003, the U.S. Supreme Court ruled that Texas could not stop people of the same sex from engaging in sexual activity. Today, the Texas Penal Code still states that it is a Class C misdemeanor to engage in “deviate sexual intercourse with another individual of the same sex” — just after a line explaining that the law is unconstitutional.

El Paso police cited the “homosexual conduct” wording when the two men were kicked out of a Chico’s Tacos restaurant. The men refused to leave and called the police, assuming the restaurant staff was out of line with a city ordinance banning discrimination based on sexual orientation. Instead, an officer told the men it was illegal for two men to kiss in public and said they could be cited for “homosexual conduct.”

At the time, El Paso Police Department spokesman Javier Sambrano described the officers involved as “relatively inexperienced.”

Harrington said even though the men were not cited, the Chico’s Tacos incident is about harassment.

That’s why Texas needs to strip the language from the books, said State Rep. Jessica Farrar, D-Houston, who has sponsored legislation to do so.

“There is archaic language in our code that is used against our citizens today,” said Farrar, whose colleague, Rep. Garnet Coleman, also a Houston Democrat, has filed an identical bill.

Farrar’s bill is HB604; Coleman’s is HB2156. Neither is likely to get a hearing in committee, much less voted out of committee; if by some miracle that were to happen, it would never be approved by the full House or signed by Governor Perry. The attitude of Rep. Wayne Christian, president of the Texas Conservative Coalition, tells you all you need to know:

Christian said he had not looked at the bills in detail, but that the time it would take them to go through committee probably would not be worth the outcome — especially in a session where lawmakers are wrestling with major issues like redistricting and filling a multi-billion-dollar budget hole.

“In this particular session, I’d be hesitant to do any changing,” Christian said, adding that the law probably “better reflects the views of a lot of citizens” as it is.

Priorities, you know? The Dallas Voice has more.