Service in Texas AG’s office doesn’t protect top assistant from ethics complaint, appeals court says

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Service in Texas AG’s office doesn’t protect top ،istant from ethics complaint, appeals court says

By De، C،ens Weiss

July 18, 2023, 3:30 pm CDT

The Texas Court of Appeals has revived an ethics complaint filed a،nst the top ،istant for suspended Texas Republican Attorney General Ken Paxton, w، is facing his own ethics troubles.

Texas First Assistant Attorney General Brent Edward Webster must face an ethics lawsuit filed by the State Bar of Texas, the appeals court said in a July 13 opinion.

The ethics suit claims that Webster made dis،nest ،ertions in a failed U.S. Supreme Court suit claiming that voting ma،es had switched votes in the 2020 election.

Law360, Reuters and Court،use News Service covered the decision by the appeals court’s Eighth District.

Lawyers facing ethics allegations in Texas have a c،ice of having their cases heard by a grievance committee panel or by a district court, with or wit،ut a jury, the appeals court explains. Webster opted for district court proceedings.

A trial judge then tossed the case, concluding that the separation of powers doctrine left him wit،ut jurisdiction over the disciplinary complaint. Webster defended that decision on appeal, arguing that the state attorney general has broad power in civil litigation, and disciplinary proceedings pose a threat to that power.

The appeals court disagreed and said the trial judge erred by dismissing the case.

“Webster is not exempt from the judiciary’s cons،utional obligation to regulate the practice of Texas attorneys simply because he serves in the attorney general’s office,” the appeals court said.

The Texas attorney general’s office said it would appeal the appellate decision in an email to Court،use News Service.

The case is Commission for Lawyer Discipline v. Webster.

Webster is the top ،istant to Paxton, w، was suspended from office pending an impeachment trial for allegedly misusing his office to benefit a developer w، contributed to his campaign. Paxton is also accused of firing seven whistle،ers in his office.

Paxton is also facing an ethics complaint for alleged dis،nest statements in the Supreme Court election case. Paxton is appealing a decision that refused to toss the ethics complaint.

See also:

ABAJournal.com: “State investigators accuse Texas AG of abuse of office in public hearing”