Lawyers for Texas Attorney General Ken Paxton prepared to argue for the dismissal of a disciplinary case against him.
Paxton's legal team will go to Kaufman County state district court on Wednesday to ask a judge to drop a case filed against the him by the State Bar of Texas alleging he knowingly lied and attempted to mislead the U.S. Supreme Court in an effort to overturn the 2020 election results, the Houston Chronicle reported.
Paxton's lawyers argue that it would violate the separation of powers doctrine for the Texas courts to "police" what they say was an executive branch decision, and that Paxton is protected by sovereign immunity.
"If Texans disapprove of the how the Attorney General exercises his authority, the remedy is to vote him out of office," Paxton's attorneys write, the Chronicle said. "The bar has no veto over how the Attorney General exercises his constitutional authority."
If the judge rules for the plaintiffs, Paxton could face private or public sanctions, ranging from a warning to disbarment, the Chronicle said.
Wednesday's hearing is the first major court proceeding in a case that likely won't be resolved before the November election, in which Paxton is seeking a third term.
Paxton, who awaits trial in a more than seven-year-old felony securities fraud case, also faces an FBI investigation over corruption allegations. He has denied all wrongdoing.
A State Bar committee in May filed the suit accusing Paxton of making false claims that he had substantial evidence that questioned President Joe Biden's 2020 election victory in four battleground states: Georgia, Michigan, Pennsylvania, and Wisconsin.
The bar had received multiple complaints of professional misconduct that prompted it to investigate, the Chronicle reported. One complaint came from the nonprofit Lawyers Defending American Democracy and 16 Texas lawyers, four of whom are former presidents of the State Bar.
The U.S. Supreme Court in December tossed out the Texas lawsuit because the state lacked standing to bring it, The Texas Tribune reported.
"Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections," the court wrote.
Paxton has described the bar in recent months as "liberal lawyers and activists strategically drawn from deep-blue Travis County" who launched a "coordinated attack" against him, the Chronicle reported.
The Tribune reported in July that Paxton announced that his office would not pay for any attorneys to attend bar-sponsored events.
Texas law does not require the attorney general to hold bar membership.
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