The Texas Supreme Court has decided that Attorney General Ken Paxton will not be required to give a deposition in the ongoing whistleblower lawsuit initiated by former employees. This decision came after Paxton’s office stated it would no longer contest the factual allegations presented in the case. The court concluded that without any dispute over the facts, a deposition would not significantly contribute to resolving the dispute and that the potential burdens and expenses of such proceedings would outweigh any benefits. The court’s opinion can be accessed here.
While the factual basis is no longer in contention, the plaintiffs maintain that the issue of damages remains unresolved. They highlighted the legislative intent to review testimonial evidence before making any financial commitments. Nevertheless, the court asserted that the legislature could independently acquire any necessary information if additional evidence is required. This sentiment was reflected in the court’s rationale, emphasizing the legislature’s capacity to gather further information should it be dissatisfied with the trial court’s findings.
Earlier in the year, the Texas Supreme Court had denied Paxton’s attempt to avoid deposition, scheduling it for February 2024. Paxton’s office subsequently revised its legal strategy by conceding the facts of the case, aiming to expedite the process and conserve public funds, despite maintaining that the allegations are false. This move is detailed in an earlier decision from the court regarding Paxton’s initial request.
The lawsuit centers around claims that Paxton violated the Texas Whistleblower Act, which protects employees who report violations from retaliatory actions. The plaintiffs allege they were terminated after alerting the FBI about Paxton’s misuse of office for personal acquaintances and other inappropriate conduct. A proposed settlement of $3.3 million was initially agreed upon but subsequently rejected by state legislators, as reported by the Texas Tribune.
This legal saga is tied to broader controversies involving Paxton, notably his impeachment by the Texas House in May 2023 and his eventual acquittal by the Texas Senate on all charges. This legal and political turbulence included an attempt by Paxton to shift the trial to a more conservative venue, which was denied. His continued opposition to policies by the federal administration, particularly on immigration, remains a topic of national interest.
The most recent update about the Texas Supreme Court’s order to resume the trial following the impeachment proceedings can be explored here. Further details on the case are available in a piece by JURIST, which you can read here.