Paxton trial date set

The Texas Senate gave unanimous support on Wednesday to a resolution ordering Attorney General Ken Paxton to appear before the body at 9 a.m. on Sept. 5 to answer charges of impeachment.

Paxton was impeached by the Texas House on May 27 during the regular session for disregard of official duty, bribery, and obstruction of justice stemming from his relationship with an Austin real estate developer. The state constitution now requires the Senate to consider the evidence laid before them by the House and decide if Paxton will be removed from office.

“Now that the court of impeachment has been called, no members of the court, staff of members of the court, presiding officer of the court, legal counsel of the presiding officer shall discuss or comment on any matter relating to the merits of the proceedings before the court of impeachment,” Lt. Gov. Dan Patrick read from Rule 10 Section B of the resolution.

Members are also barred under the 29-page rules resolution from discussing the merits of the case with one another or advocating for or against a position until deliberations officially begin, as well as setting out procedures for motions, evidence, testimony and witnesses.

Both the House managers and Paxton’s attorneys will be permitted to deliver opening and closing statements, cross-examine witnesses, and submit rebuttal evidence similarly to a judicial court. The sessions of the court will be open to the public, though senators can meet, but not take action, in closed session. Citizens can view the proceedings in person in the public gallery above the Senate chamber or via livestream on the Senate website.

The Senate also approved a streamlined schedule with strict limits on the length of proceedings and decorum rules. Opening and closing statements are limited to 60 minutes and each side will have only 24 total hours for presentation of evidence.

Conviction on any of the articles of impeachment must have support of two-thirds of the Senate. Should Paxton be removed from office, senators will also decide if Paxton will be barred from holding state office in the future.

The rules require that McKinney Senator Angela Paxton, wife of AG Paxton, recuse herself from the trial.

The rules were developed by a seven-member committee, including four members who are veteran attorneys and one who is a former state district judge.

Following his impeachment by the House, Paxton was suspended from office pending the results of the trial. Governor Greg Abbott has appointed attorney John Scott, who served as deputy AG for 10 years during Abbott’s tenure in that office, as interim attorney general. Scott most recently served as Secretary of State until resigning this past December.