Prosecutors fight effort by Paxton to oust judge
Jurist should hear case despite move of trial, they say
AUSTIN — Special prosecutors assigned to Attorney General Ken Paxton’s high profile criminal securities fraud case pushed back against the Republican’s attempts to boot the judge from the case Tuesday, telling the Fifth District Court of Appeals the move is unwarranted.
It’s “deja vu all over again,” read the filing by special prosecutors, stealing the phrase from New York Yankee legend Yogi Berra in arguing Paxton has repeatedly turned to the appellate court to complain about the lower court and should again be denied.
Special prosecutors argue the judge has authority to preside over the case and say Paxton’s lawyers are asking the wrong court to remove the judge because the case has been moved to Harris County.
Paxton’s criminal defense team argues Tarrant County Judge
George Gallagher should be removed from overseeing the case, contending his temporary assignment to handle the case expired Dec. 31, 2016. The legal team also refuses to sign paperwork to keep the judge on the case after it was relocated.
The push to remove Gallagher follows the judge’s decision to move the case out of Paxton’s home of Collin County, where he has lived, worked, and represented as a state lawmaker for years. Citing powerful political influences in the county, including the county commissioner’s court, Gallagher moved the case to Harris County where several of Paxton’s lawyers and special prosecutors practice.
Collin County is also where one of Paxton’s campaign donors, Jeffory Blackard, and his other allies have brought suit to bar county officials from paying the three Houston-area special prosecutors tapped to try the case. That case is also tied up in the Fifth District Court of Appeals in Dallas, which last week ordered the Collin County Commissioners Court to decide whether to pay the special prosecutors.
In response, the commissioners court voted Monday 4-0 against paying the special prosecutors about $205,000 in back pay, leaving the appellate court to grade the lawfulness of that decision. Blackard argues Collin County taxpayers shouldn’t be responsible for paying high-priced lawyers to try the case.
Paxton, a high-profile Republican expected to run for re-election in 2018, was indicted in 2015 and is charged with two counts of first-degree felony securities fraud and one count of third-degree failure to register with the state as an investment adviser. He faces 99 years in prison and tens of thousands of dollars in fines if convicted.
A federal judge in civil court threw out similar charges against Paxton in March. Paxton maintains his innocence.
His trial was set for September, but the appellate court decided to stay the proceedings while it weighs whether the judge should remain on the case.