Ken Paxton wants to disqualify three senators from his impeachment trial. Here's why.

Texas Attorney General Ken Paxton
Credit: Mikala Compton/American Statesman

Austin American-Statesman
Ryan Autullo, Austin American-Statesman
July 22, 2023

Lawyers for Texas Attorney General Ken Paxton are seeking to disqualify three Democratic state senators from serving as jurors in Paxton's upcoming impeachment trial, arguing that statements the lawmakers have made show they've formed an opinion on his guilt.

Paxton's lawyers filed a motion Friday that asks Lt. Gov. Dan Patrick to excuse Sens. Nathan Johnson of Dallas, Roland Gutierrez of San Antonio and José Menéndez of San Antonio.

In a TV interview, Gutierrez has said the evidence against Paxton "could not be refuted" and that he's “seen an abundance of misdeeds," the lawyers said in their motion. In condemning Johnson, the lawyers cited a recent tweet in which the senator criticized the donation of $3 million by a pro-Paxton PAC to Patrick's campaign. Johnson called it "obscene."

In Paxton's impeachment trial, set to begin Sept. 5 in the Texas Senate, Patrick will serve in a judicial role as the presiding officer. Senators will vote on whether to remove Paxton from office based on allegations that he engaged in bribery and misuse of office to assist a political donor, Austin real estate developer Nate Paul. Paxton also stands accused of inappropriately firing aides in his office after they made allegations of criminal behavior to federal investigators.

"If each is not disqualified as a matter of law, the Attorney General should be afforded an opportunity to conduct a limited voir dire of each regarding their bias and prejudice, and accordingly their fitness to sit in judgment of the Attorney General at the upcoming trial," Paxton's lawyers argued in the motion.

Paxton, a three-term Republican, has been suspended since late May, when the House voted to advance the articles of impeachment to the Senate.

Paxton's lawyers' concerns with Menendez trace to multiple comments he's made in the past, unrelated to the impeachment proceedings. Numerous posts cited by the lawyers show Menendez commenting negatively on Paxton's criminal indictment on securities fraud charges and other troubles the attorney general is facing.

The impartiality of senators as jurors has been a source of discussion, given Paxton's connections to many members in that chamber. To this point, only one senator has been disqualified: Paxton's wife, Angela Paxton, R-McKinney. Her conflict was taken up in a rule from the Senate that says a "spouse of a party to the court of impeachment” will not have a vote and cannot participate in deliberations.

The Senate took no action against Sen. Bryan Hughes, R-Mineola, a longtime Paxton friend whom Paxton got to request an opinion in a legal matter involving Paul.

In a related trial matter, Houston conservative activist Steve Hotze on Friday sued Patrick over the Senate's impeachment rules. The lawsuit, filed in Travis County, challenges the lawfulness of a wide-ranging gag order issued by Patrick and the rule that limits Angela Paxton's participation in the trial.