Texas bar can discipline Atty. Gen. Ken Paxton for trying to reverse 2020 election, court rules

AUSTIN, Texas —  A Texas appeals court has ruled that Republican Atty. Gen. Ken Paxton can face discipline from the state bar association over his failed effort to overturn the 2020 presidential election.

A disciplinary committee of the State Bar of Texas accused Paxton in 2022 of making false claims of fraud in a lawsuit that questioned President Biden’s victory. On Thursday, a three-judge panel of the 5th District Court of Appeals said Paxton can be sanctioned by the committee because the lawsuit seeks to punish him in his personal capacity as a lawyer rather than as a public official.

“The focus of the Commission’s allegations is squarely on Paxton’s alleged misconduct — not that of the State,” Judge Erin Nowell, an elected Democrat, wrote in the 2-1 opinion.

The lone Republican on the panel, Judge Emily Miskel, dissented.

A similar lawsuit was also brought against one of Paxton’s top deputies.

Earlier this week, a coalition of Republican state attorneys general urged the Texas Supreme Court to reject the bar’s efforts to impose discipline. All nine members of the state’s highest civil court are Republicans.

“As in that case, we will appeal this ruling and we have full confidence the Supreme Court of Texas will not allow false claims by the State Bar and partisan political revenge to affect professional licensure of the state’s lawyers,” Paxton spokesperson Paige Willey said in a statement.

A spokesperson for the State Bar of Texas and the committee accusing Paxton declined to comment on the ruling.

Paxton is among the highest-profile lawyers to face a threat of sanctions for aiding in efforts led by former President Trump to throw into question his loss to Democratic rival Joe Biden.

The state bar disciplinary group’s options for punishing a lawyer range from a written admonition to disbarment. The disciplinary process resembles a trial and could include both sides eliciting testimony and obtaining records through the discovery process.

Paxton is not required to be a member of the bar to serve as attorney general.

State bar officials began investigating complaints over Paxton’s election lawsuit in 2021. Its disciplinary proceeding against his top deputy is awaiting a ruling by the Texas Supreme Court.

Coronado writes for the Associated Press.