Updates: Texas Attorney General Ken Paxton Impeachment
- Vic
- Jul 17, 2023
- 4 min read
Updated: Jul 27, 2023
Under the Texas Constitution, the House of Representatives is vested with the power of impeachment and the Senate has the duty to conduct the trial (Article XV, Sections 1 and 2).
On May 27, 2023, the House of Representatives adopted 20 Articles of Impeachment against Warren Kenneth Paxton, Jr., Attorney General of the State of Texas (H.R. No. 2377, 88th Legislature, Regular Session). On May 29, the final day of the 88th Regular Session of the Texas Legislature, the House Board of Managers delivered the Articles of Impeachment to the Senate. The House Board of Managers are Representatives Murr, chair; A. Johnson, vice chair; Geren; Moody; Canales; Leach; Longoria; Meyer; Cain; Vasut; Spiller; and Gamez. The Senate will convene on September 5, 2023, as a high court of impeachment to consider the Articles of Impeachment (S.R. No. 36, 88th Legislature, 1st Called Session).
These actions follow a series of investigations and allegations of wrongdoing against the AG. More or less at the core of the matter, Paxton requested $3.3 million in state funds to settle a lawsuit by former staffers accusing him of retaliation, which prompted the House General Investigating Committee to investigate the matter. The impeachment process in Texas involves the House conducting impeachment proceedings and the Senate acting as jurors in a trial. If convicted by a two-thirds majority vote in the Senate, the attorney general will be permanently removed from office. The impeachment judgment could also prohibit the attorney general from holding any future office in the state.
The following is a timeline and list of documents relevant to the impeachment proceedings:
November 2020
Attorney General Paxton's former staffers file a whistleblower lawsuit and accuse him of on-the-job retaliation
February 2023
Paxton reaches a $3.3 million settlement with the whistleblowers leading Paxton to request state funds from the House Appropriations Committee to pay for the settlement agreement
March 2023
The Texas House General Investigating Committee begins investigating the accusations of wrongdoing
May 24, 2023
The Texas House General Investigating Committee holds a public hearing for the presentation of the evidence gathered during the committee’s investigative process -- download transcript here
May 25, 2023
The Texas House General Investigating Committee votes to adopt the proposed articles of impeachment believing Paxton "broke numerous state laws, misspent office funds and misused his power to benefit a friend and political donor"
May 27, 2023
The Texas House of Representatives votes 121-23 to impeach Attorney General Ken Paxton -- HR 2377 Articles of Impeachment
Paxton is immediately suspended from his position as Attorney General pending a trial in the Texas Senate
May 29, 2023
The House Speaker, Dade Phelan, appoints (HR 2547) a board of managers to prosecute Paxton
The twelve House members designated as impeachment managers will present the case against Paxton in the Senate chamber
Led by Andrew Murr, a West Texas rancher and lawyer, and Ann Johnson, a former prosecutor, the team of 12 includes 11 with law degrees
The managers have also retained outside counselors, Dick DeGuerin and Rusty Hardin, to serve as the lead prosecutors for the House
The Texas Senate adopts Senate Resolution 735 and prepares for the impeachment trial, with senators acting as jurors and the Lt. Governor acting as presiding judge
The resolution allows Lieutenant Governor Patrick to name a seven-member committee to devise the trial rules
May 30, 2023
It is reported that six top officials and employees at the Texas attorney general’s office have taken a leave of absence to help defend suspended Attorney General Ken Paxton in his impeachment trial:
solicitor general Judd Stone, the agency’s top appellate lawyer; assistant solicitors general Joseph N. Mazzara and Kateland Jackson; Chris Hilton, chief of the general litigation division; senior attorney Allison Collins; and executive assistant Jordan Eskew
May 31, 2023
Governor Greg Abbott appoints John Scott, former Texas secretary of state, as interim attorney general
June 10, 2023
June 11, 2023
June 15, 2023
The House Board of Managers Provide memorandum to the Texas Senate Special Committee on Rules of Procedure for Impeachment Trial
June 16, 2023
The House Board of Managers issue response to Ken Paxton's letter re: the House's investigation and subpoena powers
Ken Paxton sends Response to House Board of Managers' June 15 Memorandum Regarding Senate Procedures
June 21, 2023
The Texas Senate adopts Senate Resolution 35 adopting Rules of Impeachment of Warren Kenneth Paxton Jr., Attorney General of the State of Texas
The Texas Senate adopts Senate Resolution 36 ordering Warren Kenneth Paxton Jr., Attorney General of the State of Texas, to appear before the Texas Senate at or before 9:00 a.m. on September 5, 2023
July 6, 2023
July 7, 2023
Ken Paxton submits two motions
July 11, 2023
The House Board of Managers send response to Ken Paxton's Discovery Demand and Motion for a Pretrial Scheduling Order/Conference
July 12, 2023
Lt. Gov. Patrick issues a discovery order mandating that House impeachment managers turn over any potential evidence pertaining to the trial, including witness statements, documents and reports, photos or physical evidence.
The House Board of Managers send Notice Regarding Ken Paxton's Recent Motions
July 17, 2023
Lt. Gov. Patrick issues a gag order
July 20, 2023
Lt. Gov. Patrick/Court of Impeachment reiteration of orders of the court (relating to what information should be released by the House Board of Managers via discovery)
July 21, 2023
Ken Paxton's motion to challenge jurors for cause (arguing the court should disqualify Senators José Menéndez, Roland Gutierrez, and Nathan Johnson)
House Board of Managers' Notice of receipt of Paxton's motion to challenge jurors
July 25, 2023
Ken Paxton's motion to quash articles of impeachment or grant request for bill of particulars (arguing the articles of impeachment leveled against Paxton are too vague to form a legal defense)
Ken Paxton's request for bill of particulars (requesting specific details related to each article of impeachment leveled against Paxton)
August 5, 2023
Pre-trial motions are due
August 15, 2023
Answers to pre-trial motions are due
September 5, 2023
The Senate will convene on September 5, 2023, as a high court of impeachment to consider the Articles of Impeachment
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