New complaint seeks to stop AG Ken Paxton from practicing law in Texas

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Three former State Bar of Texas presidents contributed to a complaint Monday seeking to suspend or bar Ken Paxton from practicing law in the state, citing the same allegations of abuse of office and other misconduct that the suspended attorney general will face next month in his Senate impeachment trial.

The complaint, from 14 lawyers overall, says Paxton "disgraced" the legal profession and accuses him of engaging in bribery, aggravated perjury and organized crime. It asks the State Bar to investigate the allegations.

"After investigation, if the allegations in this complaint are validated, Mr. Paxton should be suspended from the practice of law or be permanently disbarred," the complaint says.

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The complaint cites a State Bar rule pertaining to criminal misconduct that “raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects," and calls for informing "the appropriate disciplinary authority.”

Paxton's lawyer, Dan Cogdell, declined an American-Statesman request for comment, saying that he had not yet reviewed the complaint.

Suspended Attorney General Ken Paxton's impeachment trial will begin Sept. 5.
Suspended Attorney General Ken Paxton's impeachment trial will begin Sept. 5.

A State Bar spokesperson did not respond to a request for comment.

This complaint is now the second pending against Paxton involving the State Bar. The other, on hold pending the impeachment trial, came directly from the State Bar in a May 2022 lawsuit that accuses Paxton of making false claims in working to overturn the 2020 presidential election results in four swing states won by President Joe Biden.

Authoring the new complaint was Austin lawyer Jim Harrington, founder of the Texas Civil Rights Project. Joining him as co-signers were former State Bar Presidents Richard Pena (1998-99), W. Frank Newton (1997-98) and William Whitehurst (1986-87).

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A finding by the State Bar to suspend or disbar Paxton would not alone block him from serving as attorney general, as a law license isn't required for the job.

Paxton's impeachment trial, set to begin Sept. 5, will determine whether he's removed from office. Over 16 articles of impeachment, House lawyers say they will show Paxton abused his office and engaged in bribery to provide legal assistance favorable to a campaign donor, Austin developer Nate Paul. In exchange, they say Paul funded a Paxton home remodel and gave a job to a woman with whom Paxton had an extramarital affair.

Paxton, who says he's the victim of a liberal witch hunt, has been suspended from office since the House in late May voted overwhelmingly to advance the impeachment articles to the Senate. In the impeachment trial, support from 21 of 30 eligible senators, or two-thirds of the Senate, is required to remove Paxton from office.

Other lawyers joining Monday's complaint were:

  • Randall Chapman, past chair, Supreme Court of Texas grievance oversight committee.

  • Beryl P. Crowley, former executive director, Texas Center for Legal Ethics.

  • John Delaney, former chairman, State Bar grievance committee.

  • Judy Doran, former Texas assistant attorney general.

  • John R. Jones, founding chair, Texas Access to Justice Commission.

  • Mario Lewis, former general counsel, International Boundary and Water Commission.

  • Milam Markovic, law professor at Texas A&M University.

  • Robert Sohns, American Bar Association, section on litigation leadership.

  • Jordan Steiker, University of Texas School of Law chair.

  • Allan Van Fleet, former member, standing committee on Texas disciplinary rules of professional conduct.

This article originally appeared on Austin American-Statesman: New complaint seeks to stop Ken Paxton from practicing law in Texas