Professional Documents
Culture Documents
Hearing On PTJ
Hearing On PTJ
1 REPORTER'S RECORD
VOLUME 1 OF 1 VOLUME
2
TRIAL COURT CAUSE NO. 471-02574-2022
3
4
COMMISSION FOR LAWYER ) IN THE DISTRICT COURT
5 DISCIPLINE )
)
6 VS. ) COLLIN COUNTY, TEXAS
)
7 WARREN KENNETH PAXTON, JR. ) 471ST JUDICIAL DISTRICT
10
11 ------------------------------
13 ------------------------------
14
15
16
17
18
19
20
1 A P P E A R A N C E S
3 ROYCE LE MOINE
SBOT: #24026421
4 E-mail: [email protected]
AMANDA M. KATES
5 SBOT: #24075987
E-mail: [email protected]
6 MICHAEL GRAHAM
SBOT: #24113581
7 E-mail: [email protected]
Office of the Chief Disciplinary Counsel
8 State Bar of Texas
P.O. Box 12487, Capitol Station
9 Austin, Texas 78711-2487
Phone: (512) 427-1350
10
11
FOR THE DEFENDANT:
12
CHRISTOPHER D. HILTON
13 SBOT: #24087727
E-mail: [email protected]
14 THOMAS A. ALBRIGHT
SBOT: # 00974790
15 E-mail: [email protected]
Office of the Attorney General
16 P.O. Box 12548
Austin, Texas 78711-2548
17 Phone: (512) 475-4120
E-mail: [email protected]
18
19
20
21
22
23
24
25
1 I N D E X
VOLUME 1
2 (PLEA TO THE JURISDICTION)
Page Vol.
3 AUGUST 24, 2022
Announcements........................... 5 1
4
Argument by Mr. Hilton.................. 10 1
5 Argument by Mr. Le Moine................ 47 1
Response by Mr. Hilton.................. 56 1
6 Response by Mr. Le Moine................ 58 1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1 P R O C E E D I N G S
6 correct?
9 correct.
00:00 15 today. The issues are the same. It's -- you know, the
00:00 20 matters that are still pending for the Court for a future
16 adjudications.
18 intervenor?
11 and the issues before the Court are exactly the same on
16 noticed before the Court and it's the same issues for the
17 Court to decide.
00:02 20 this plea to the jurisdiction that was filed by the State
00:02 25 us know, we had no idea that it was gonna be set and it's
2 certificate of conference.
8 Local Rules.
11 rules too.
00:03 15 issues.
00:03 20 it, he was saying early October for the motion to strike.
1 decision.
4 that we can confer about and I can see that case law, of
9 here?
13 sides, the complainants and State Bar feeling one way but
00:06 15 was over in four days. And in that short period of time,
00:06 25 Paxton became a target and the State Bar has allowed
9 powers principle.
3 legal arguments.
00:08 15 the primary one was based on the Electors Clause of the
00:09 5 how the elections were conducted. In some cases, you had
00:10 10 of that, you know, was successful and this litigation was
12 We'll talk about that a little bit and where the current
12 plaintiffs under the very same legal theory and adopt and
14 proceeding.
22 amicus as well.
00:12 25 this case. At the end -- four days after it was filed,
2 short text ruling. The only place I've been able to find
4 they said that Texas did not have standing under Article
00:12 10 Thomas said that they don't have discretion to deny the
12 we would grant the motion for leave to file the bill but
16 case. And they didn't say how they would rule once they
17 had the case before them or what they would do with it,
00:13 20 with its bill of complaint and that was the end of the
21 litigation.
00:14 10 impression when you read their filings that you have to
14 It does not say that those on their own would have been
16 can see, and while that number was greater than the
11 types of things that have been reported and that are out
23 I've just shown you the headlines there, but the links to
00:17 25 lap -- there was a laptop and some USB drives that were
00:17 5 President Trump at the time, but that was just the
8 It's the official saying that at the time the lawsuit was
9 filed.
00:18 15 they say they take issue with the representation that the
24 for the Supreme Court to decide, but that was the entire
3 what they would do. But since then, a very similar legal
14 issue.
00:19 20 out there in legal circles for a while and the Supreme
8 Your Honor, I've reproduced for you the entire page, the
24 filed. And so for the reasons that we'll get into and we
00:22 20 those facts wouldn't have borne out, but the Commission's
22 say this in the pleadings. And yet here, you can just
00:22 25 right there from the source that we all provide the
1 Supreme Court.
00:23 20 one that was filed and so given that the Board of
1 don't know that I'll ever find out, but that's how we
2 began.
00:24 5 State Bar raising the same issues that are in our plea to
14 sense of.
22 convened.
00:25 15 that would be Collin County. And yet, over our objection
22 Court.
6 I'm sure Mr. Le Moine will point out, for the actual
8 different rules.
16 General Paxton.
00:29 5 just so that Your Honor understands the context that all
2 primary runoff.
9 general.
14 have full candor with the Court, didn't explain such and
00:31 15 such fact that he should have and there are two rules
00:32 10 appeal.
00:32 15 Conduct are also, you know, fairly specific about what
14 rules.
00:35 25 aware. Case law is pretty clear about that, and we've
00:36 10 that -- the quote from Lewright versus Bell, which is the
00:36 15 Texas.
00:36 25 brief.
17 the attorney general, Don't even show up, they don't have
4 issue before the Court. Again, you can sit down and read
00:38 5 that case and it has lots of soaring rhetoric about, you
17 through them.
00:39 5 the same issues that we are here where the attorney
00:39 10 lasted only a matter of years for, you know, 160 years or
23 Responsibility.
00:41 10 been members of the same law firm, the Connecticut rules
11 at the time would have been clear that they would have
00:41 15 apply to you the same way. You can proceed with the
18 position at all.
9 what the State Bar will have to say before they defend
00:43 10 this case under a theory that would allow them to do that
00:44 5 immunity protects the -- the State both from suit and
9 individual capacity.
00:45 15 capacity because the suit is against the office and those
21 not after an office. Well, what does the law say about
24 individual capacity.
4 But that isn't the end of the inquiry. You have to look
00:46 5 at the substance of the claims and the relief sought, the
11 sovereign immunity.
17 here.
23 official capacity.
8 we have here.
00:48 5 issue with the decision to file Texas versus Penn, but
00:49 15 two.
00:50 10 Paxton.
17 counsel of record.
3 do.
00:51 20 They vote for him. The legislature can impeach him. If
3 Paxton could not have done anything in this case but for
00:52 15 doesn't pan out or has a legal theory that doesn't pan
16 out.
01:03 15 Pennsylvania.
01:03 20 second. I'm going to let y'all get some water. We're
22 (Off-the-record discussion.)
18 judicial capacity.
01:05 20 and the Commission failed to follow its own rules and has
22 these allegations.
3 this petition.
01:06 20 primary election, was filed the day after. And why?
8 There were only four cases appealed and they were sent
9 back to us.
21 terms of these Rules and then allow them to move and have
01:08 25 grievance.
01:09 25 Commission.
7 jurisdiction.
4 enforced.
8 underlying matters.
17 they say this is, would not have happened without the
7 for you if you have questions about our process and why
14 district court.
01:15 5 replies.
18 official capacity.
01:16 15 general.
24 Court.
8 granted.
24 in that county.
01:18 5 focused on the Government Code, the State Bar Act under
11 may be necessary.
21 law.
6 taken.
9 now, which is one reason why I said it's great for me for
01:20 10 this next plea that we're talking about for me to go back
16 are important.
01:21 15 even at that phase, they can dismiss a case. They can go
18 point.
24 control that.
1 that?
12 memory serves me. This is not a new issue that has been
01:22 25 Bar says that. But that's not what's before this Court
9 issues at all?
14 there.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2 COUNTY OF KAUFMAN)
19 2022.
/s/ Elizabeth Crow Woods
20 Elizabeth Crow Woods, Texas CSR 8189
Expiration Date: 10/31/2023
21 Official Court Reporter
86th Judicial District Court
22 Kaufman County, Texas