A ruling by an appeals court takes another step toward moving the criminal trial against Texas Attorney General Kenneth Paxton back to Collin County.
The First Court of Appeals in Houston says a trial judge was beyond his appointment when he granted a change of venue that took Paxton’s case out of his home county and moved it to Harris County.
The ruling apparently will lead to more appeals.
"We believe the disagreement between the panel members as to where this prosecution should take place warrants re-consideration of this important issue by all nine justices of the First Court of Appeals." said Brian Wice, special prosecutor in the case.
Tarrant County Judge George Gallagher was appointed to the case shortly after the indictments alleging Paxton misled investors, a first degree felony, and failing to register with the state as a financial adviser, a third degree felony.
But Gallagher’s appointment was temporary, and as the case dragged on the clock was running. In March, 2017, Gallagher ruled the case should be moved to Harris County after the appointed special prosecutors convinced the court that they would not be able to get a neutral jury in Republican-leaning Collin County.
Paxton’s lawyers complained that the judge’s decision to move the trial was made after Gallagher’s term as appointed judge had expired.
“Applying these rules to the two assignment orders, we conclude that they can be reasonably read to agree that Judge Gallagher’s assignment to the 416th District Court of Collin County was to end on January 2, 2017,” the First Court of Appeals ruled in a series of opinions.
The court effectively upheld a Harris County judge who ruled the case should be sent back to Collin County.
“It certainly looks like it winds up being political,” said Ed Klein, a Dallas attorney who serves as legal analyst for KRLD. “We choose to believe the judges and justices involved in this case are following the law about where cases are supposed to be heard.”
Paxton’s lawyers lauded the ruling.
“We now have the Court of Appeals and two separate judges saying that the case should be returned to Collin Co. Judge Gallagher’s appointment clearly expired in January of 2017.” said Philip Hilder, one of Paxton’s attorneys. “It’s incredulous that the Special Prosecutors believe Judge Gallagher had the authority to issue any rulings after that date, including his decision to transfer venue to Harris Co.. It is time that the prosecutors allow Mr. Paxton to have his day in court.”
It could take weeks before the request for an en banc hearing before the full First Court of Appeals is filed, months before the court decides whether to grant the motion and even longer for the court to set arguments and rule, if it does take the case. Klein would not be surprised if the case winds up at the Court of Criminal Appeals before it ever gets back to Collin County.
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