AUSTIN, Texas — Texas Attorney General Ken Paxton won’t have to fight an ethics lawsuit over his challenge to the 2020 presidential election results until after his impeachment trial.
Paxton’s lawyers on Tuesday asked the Fifth Court of Appeals in Dallas to delay oral arguments in the case, which were originally set for Sept. 13, until after his impeachment trial. They are also representing Paxton in impeachment, the lawyers argue, noting it would be difficult to handle both cases at once.
“It is the first [impeachment] of a statewide elected official in over 100 years, and it presents extraordinarily complex issues which require extensive preparation. It would therefore prove difficult for counsel to provide competent representation in this matter as well without postponing argument,” wrote Judd Stone and Christopher Hilton, two lawyers on leave from Paxton’s agency in order to defend him against impeachment.
The state bar disciplinary committee that filed the lawsuit will not oppose the request to postpone, a spokesperson confirmed Thursday.
Paxton’s impeachment trial, in which senators will vote on whether to remove him from office, is scheduled to kick off Sept. 5. It is likely to take two to three weeks, according to Lt. Gov. Dan Patrick, who will preside over the trial.
This means the state bar case is unlikely to resume until at least October.
The state bar’s Commission for Lawyer Discipline filed the petition against Paxton in May 2022, accusing him of bringing a “dishonest” legal challenge to President Joe Biden’s election wins in four swing states. If he loses, he could face disbarment or a suspension of his law license in Texas.
Paxton’s second-in-command, First Assistant Attorney General Brent Webster, faces a similar lawsuit over his role in the election challenge. Webster is accused of making “dishonest statements” in challenging Biden’s win.
Paige Willey, the Office of the Attorney General’s spokesperson, said last week the agency will continue to defend Paxton and will appeal a recent decision to revive the Webster case. Paxton has called the bar lawsuit a “witch hunt.”
In addition to his impeachment and ethics cases, Paxton also faces eight-year-old securities fraud charges. Last month, the state’s top appeals court decided any future trials in those cases will be held in Harris County.
