A Texas appeals court has ruled that Republican Attorney General Ken Paxton can face discipline from the state bar association for his failed effort to overturn the 2020 presidential election. The State Bar of Texas accused Paxton of making false claims of fraud in a lawsuit questioning President Joe Biden’s victory. The 5th District Court of Appeals said Paxton can be sanctioned because the lawsuit targets him in his personal capacity as an attorney, not as a public official. The lone Republican judge on the panel dissented from the majority opinion.
A similar lawsuit was also filed against one of Paxton’s top deputies, and a coalition of state Republican attorneys general urged the Texas Supreme Court to reject efforts by the bar to impose discipline. Paxton’s spokeswoman stated that they will appeal the ruling and expressed confidence that the Supreme Court of Texas will not allow false claims by the State Bar and partisan political revenge to affect the professional licensure of the state’s lawyers. A State Bar spokeswoman and the committee accusing Paxton declined to comment on the ruling.
Paxton is one of the highest-profile attorneys to face the threat of sanctions for his involvement in efforts led by former President Donald Trump to question the outcome of the election. The state bar’s disciplinary actions against an attorney can range from a written admonition to suspension or disbarment. The disciplinary process is similar to a trial, involving witness testimony and evidence gathering through discovery. Although Paxton is not required to be a member of the state bar to serve as attorney general, state bar officials began investigating complaints about his election lawsuit in 2021.
A disciplinary proceeding was also launched against Paxton’s top deputy, pending a ruling by the Texas Supreme Court. The State Bar of Texas has been evaluating complaints related to both cases. The process of determining sanctions for Paxton resembles a trial, involving legal proceedings, and could result in various consequences depending on the severity of the alleged misconduct. The state bar’s decision to hold Paxton accountable for his actions in the election lawsuit demonstrates the potential consequences of attorneys engaging in behavior that is deemed unethical or inappropriate by the legal community.
