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22 ¦ DECEMBER 21, 2020 NEWS
Discipline Them: Lawyers Want Ethics Charges
Against AGs Behind Election Challenge
By Angela Morris
Anational lawyer’s group is
claiming that Texas Attor-
ney General Ken Paxton
violated legal ethics rules by fil-
ing a frivolous pleading in the
U.S. Supreme Court that chal-
lenged four battleground states’
election procedures.
But the way that Texas has
written its disciplinary rule about
frivolous pleadings might prevent
Paxton from facing a grievance.
Lawyers Defending American
Democracy, a national nonprofit
that works to advance the rule
of law, alleged Paxton—and 18
other state attorneys general and
lawyers in Congress who joined
or supported his lawsuit—vio-
lated ethics rules when they filed
Ken Paxton.
the case. Photo: Diego M. Radzinschi/ALM
Other attorneys general who joined his case The lawyer group claimed that Paxton’s election
include those from Florida, West Virginia, challenge had no legal or factual
Alabama, Arkansas, Louisiana
and other states. basis and that he did not provide
evidence of widespread voter
“We call on state licensing fraud, but instead rehashed alle-
authorities to promptly investi- A legal group claimed gations that more than 40 other
gate the breach of ethical rules that Ken Paxton violated courts have already rejected.
by these public officials and a lawyer discipline rule
all lawyers participating in the against filing a frivolous Legal ethics expert Stephen
filing of this Supreme Court pe- pleading. But the way the Gillers, a professor at New York
tition,” said a statement by the Texas rule is written may University School of Law, said
lawyer group. “The historically enable Paxton to escape a in a press release by the lawyer
unprecedented attack on our group that government lawyers
democracy needs to be met by grievance. should be especially vigilant
historically unprecedented state against filing “garbage claims.”
bar investigations.”
“Texas’ Supreme Court peti-
tion was a political campaign
No one from Paxton’s com-
munications office responded to a call or email document in legal camouflage,” Gillers said. “Disci-
seeking comment before deadline. plinary investigation is necessary.”
CONNECTICUT
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