Wednesday, March 9, 2022

Paxton Bar Complaint Has Merit

Attorney General Ken Paxton is in trouble, again. The AG filed that silly, weak lawsuit in 2020 over Donald Trump’s election loss. The suit lacked any evidence. Some 16 Texas lawyers filed a complaint about that frivolous lawsuit with the Texas Bar Association. Among the many lawyers who joined in filing the complaint are four former Presidents of the Texas Bar Association. AG Paxton says liberal lawyers filed the complaint. Some might be liberal. But, its safe to assume the four former Presidents are not. Few President of the Texas Bar have even been liberal.

The Bar committee investigating the complaint have just recently affirmed there is merit to the complaint. It is very unlikely that “liberal” lawyers on the Bar committee reached that result. There just are not many “liberal” lawyers active in bar committees. The next step is for Mr. Paxton to decide if he wishes the complaint to be decided by a trial in state district court or by a committee composed of Bar members.

Frivolous Lawsuit

AG Paxton insists the lawsuit was not frivolous, because 19 state Attorney Generals joined the lawsuit and two Supreme Court justices voted to accept an appeal regarding the suit. But, Mr. Paxton surely appreciates that all 19 of those Attorney Generals were Republicans seeking to support former Pres. Trump. Too, those 19 Attorneys General did not join the lawsuit. They simply submitted briefs in support.

No Standing

It was a silly lawsuit. The suit argued that changes in election procedures in Pennsylvania, Michigan, Georgia and Ohio (which Trump won) somehow affected voters in Texas. The courts found that the AG lacked standing. Meaning the voters in Texas were not actually affected by changes in voting procedures which were enacted by those other states. See Axios report here.

And in the end, there was simply zero evidence supporting a claim that the 2020 election was stolen. Some 60 lawsuits filed by Trump allies also failed. Most lawyers who advance a lawsuit so lacking even colorable standing would at least be fussed at by the Judge, or at worst, be sanctioned by the Judge.

As a first offense, it is unlikely Paxton would lose his law license. The first offense often results in a private reprimand by the Bar Association. Although, any discipline would be significant, just because AG Paxton is the AG. It is unheard of for Attorneys General to be reprimanded. See San Antonio Express News report for more information.



from Texas Bar Today https://ift.tt/6hNTMBP
via Abogado Aly Website

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