In a recent development in the court case involving Texas Attorney General Kenneth Paxton, the Dallas Court of Appeals has denied Paxton’s attempt to dismiss a disciplinary action from the State Bar of Texas. The disciplinary action pertains to Paxton’s role in the 2020 election. (Texas Lawyer)
Despite Paxton’s contention, the three-panel tribunal, on a split vote, agreed with the Commission for Lawyer Discipline that the court had no jurisdiction. Accordingly, they dismissed Paxton’s interlocutory appeal.
Justice Erin Nowell, writing for the majority, presented a fundamental argument on the subject. She wrote, “Subjecting Paxton to disciplinary proceedings does not violate separation of powers; immunizing him does.” Paxton’s potential disciplinary issues are ongoing as the proceedings continue.