Texas Scorecard by Sydnie Henry July 31, 2023
Paxton’s team argues the articles of impeachment “override the will of the people.” The legal team for Texas Attorney General Ken Paxton has filed a motion to dismiss all but one of the articles of impeachment against him. They say that is because the alleged misconduct occurred prior to the 2022 general election and is therefore void under the so-called prior-term doctrine.
Prior-term doctrine, based on Texas Government Code 665, holds that because citizens are the ultimate authority in electing people to public office, if allegations of misconduct are known to the public prior to the election, then the alleged misconduct cannot be the basis for removing a public official from office.
According to Paxton’s team, the “prior-term doctrine provides a necessary safeguard to the Legislature’s awesome impeachment power by affirming the authority of ‘the public, as the ultimate judge and jury’ to elect their preferred candidates. Without this guiding principle, impeachment becomes a tool for political retaliation and abuse.”
BackgroundIn a rushed proceeding on Memorial Day weekend, Texas House leadership unveiled a secret investigation into Paxton and called a rushed vote on impeachment. With 61 Democrats and 60 Republicans in support, the House voted to impeach Paxton on 20 charges of misapplication of public resources, bribery, obstruction of justice, abuse of public trust, and disregard of official duties.
Now, the Senate is preparing to hold a trial to decide whether or not to uphold the impeachment articles and remove Paxton from office.
More:
https://texasscorecard.com/state/ken-paxton-files-motion-to-dismiss-articles-of-impeachment/
