WHAT’S TAKING PAXTON CRIMINAL CASE SO LONG?
It’s been three years since a Collin County grand jury indicted Texas Attorney General Ken Paxton on three felony charges related to private business deals. Here are the top reasons the case has dragged on:
■ Defense plays offense: Three months after the indictments were unveiled in August 2015, Paxton’s lawyers asked state District Judge George Gallagher to dismiss the charges, arguing that misconduct by prosecutors and a previous judge subverted the grand jury process. Gallagher refused, and two rounds of defense appeals failed, ending in October 2016.
■ Prosecutors seek move: Arguing that they could not get a fair trial in Collin County, which Paxton represented in the Texas House and Senate for 12 years, prosecutors sought a change of venue on Feb. 9, 2017. Gallagher agreed two months later, moving the trial to Houston.
■ Defense protests judge: Paxton’s lawyers sought to remove Gallagher, arguing that he lost control of the case when he transferred it to Houston. A state appeals court agreed, dismissing Gallagher on May 30, 2017. The Court of Criminal Appeals rejected an appeal from prosecutors one week later.
■ Pay for prosecutors: Responding to protests from the Collin County Commissioners Court, a state appeals court ruled Aug. 21, 2017, that the $300 hourly rate for Paxton’s prosecutors was not allowed under state law. Unpaid for their work since the beginning of 2016, prosecutors turned to the Court of Criminal Appeals, saying they would have to quit unless they are paid. Until the state’s highest criminal court rules, action on Paxton’s case is blocked at the trial court.
Three trial dates have been canceled:
A trial scheduled for May 1, 2017, was canceled when the case was moved out of Collin County. A trial scheduled for Sept. 12, 2017, was canceled when Gallagher was removed as judge. A trial scheduled for Dec. 11, 2017, was canceled amid the legal fight over prosecutor pay.