Editorial: Past presidents of Texas State Bar want AG Paxton disbarred. We just want him gone.
The unseemly spectacle of an elected official bobbing in a tub of uncomfortably hot water is nothing new in Texas.
In the early 20th century, it was the Governors Ferguson feeling the heat. Pa Ferguson’s financial shenanigans got him impeached; Ma Ferguson’s penchant for pardoning prison inmates, more than 3,000 in all, raised questions about a purse full of bribe money. In the ‘50s, a Veterans’ Land Board scandal landed a state land commissioner in prison. In the ‘70s, the notorious Sharpstown scandal ensnared a House speaker and numerous other elected officials. In the ‘80s, it was a governor feeling the heat over money passed under the table to SMU football players. In the 2000’s, an attorney general went to prison on charges that he used political money for private purposes.
We are only skimming the bubbling surface, but it’s safe to say that an even deeper dive into the Texas Elected Officials Hall of Shame would fail to come up with a politician more embroiled than the man we have twice elected to enforce our laws and protect our constitution.
A 31-page complaint filed last week with the State Bar of Texas by 16 Texas attorneys, including four past presidents of the State Bar of Texas, as well as legal scholars and legal-ethics experts. Organized by a group calling itself Lawyers Defending American Democracy, the complaint is merely the latest reminder that Attorney General Ken Paxton continues to tread water in an Olympic-sized pool of scandal.
The lawyers’ group wants him suspended or permanently disbarred; we just want him gone. A quick Paxton primer underscores why:
Six years ago, our attorney general was indicted on felony securities fraud charges. He allegedly persuaded investors to buy stock in a technology firm without disclosing that he would be compensated for it. After endless fights over venue and other stalling tactics, he still hasn’t gone to trial.
In October, eight of his top aides told authorities they believed he was breaking the law by doing a series of favors for a political donor, an Austin developer named Nate Paul, allegedly in return for a job for Paxton’s “mistress.” Every one of the aides has either resigned or been fired. The FBI has launched an investigation.
A few weeks after the “mutiny without precedent,” to quote the Texas Tribune, Paxton took it upon himself to file a howler of a lawsuit with the U.S. Supreme Court seeking to toss the 2020 presidential election results in four battleground states that had assured Joe Biden’s victory. His own solicitor general wouldn’t even sign it. The lawsuit, soundly rejected, relied on discredited claims of election fraud. (Keep in mind that Paxton uses our money to make himself and his state a national laughingstock.)
A little over six months ago, our attorney general stood before a roiling crowd at the White House and urged supporters of then-President Donald Trump to keep fighting. “We are Texans, we are Americans, and we’re not quitting,” he shouted.
Later that day, January 6, Paxton claimed — with a straight face — that the mob that invaded the Capitol a few hours earlier were liberal antifa activists, not Trump supporters.
A month after Paxton groveled at Trump’s feet in D.C., state senators revealed that he had doled out $40 million for raises in the AG’s office without proper appropriation from lawmakers. “[I]f every agency did what yours did, General Paxton, we wouldn’t have a budget,” state Sen. Jane Nelson, R-Flower Mound, said. “We wouldn’t even need a budget.”
The complaint filed with the State Bar of Texas last Wednesday charges Paxton with a pattern of unethical conduct including the frivolous lawsuit seeking to overturn the 2020 election results.
“Mr. Paxton’s misconduct has brought dishonor not only to his fellow Texas lawyers but to the American legal profession as a whole,” said Gershon “Gary” Ratner, co-founder of the Lawyers Defending American Democracy group and principal author of the complaint. “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 State Bar was already investigating a complaint from a Democratic activist filed in response to Paxton’s election lawsuit, the Associated Press reported in June. Whether either complaint leads to discipline for the attorney general is less important that the long-overdue need for Paxton to go. Fortunately, finally, some of Paxton’s fellow conservatives are coming around to the realization that he has made a mockery of the office he holds. U.S. Rep. Chip Roy, Paxton’s former top aide, has urged Paxton to resign. Other past supporters are voting with their feet — and wallets. The Chronicle reported last week that dozens of political donors who have previously helped bankroll Paxton’s campaigns are now giving to his primary challengers, Land Commissioner George P. Bush and former Supreme Court Justice Eva Guzman.
In 2018, Paxton barely won reelection against a relatively unknown Democrat, Justin Nelson. This time, both primary opponents are well known; both are raising enough money to run competitive campaigns against an incumbent. (Two Democrats, former Galveston Mayor Joe Jaworski and Dallas-area civil rights attorney Lee Merritt, also are running.)
For the good of the state he serves, Paxton should have had the decency to resign months ago. He didn’t and he doesn’t, which means Texans likely will have to endure a non-functioning AG’s office for months to come (assuming that Texas Republicans have finally seen the light). Here’s hoping the water gets even hotter.
*** This article has been archived for your research. The original version from Houston Chronicle can be found here ***
