After a 2020 whistleblower lawsuit against Attorney General Ken Paxton, Governor Greg Abbott and Lieutenant Governor Dan Patrick are supporting Paxton’s motion to have the Texas Supreme Court review whistleblower protection laws. Paxton and Abbott filed letters asking the court to rule on whether Paxton’s ex-employees could sue him.
“This case relates to the interpretation of a Texas law, and the people of Texas deserve that a case of this importance be considered and reviewed by the highest court in the state,” the letter from Patrick read.
Neither Patrick nor Abbott stated in their letters whether they agree with Paxton’s assertion that he is shielded from the whistleblower suit.
Paxton came under fire in November 2020 when some of his staff accused him of excessive retaliation when they claimed he misused the power of the Attorney General’s Office.
The complaints arose after Paxton allegedly helped major campaign donor Nate Paul out of multiple legal battles. The Dallas Morning News alleges Paxton assisted Paul four separate times.
In October 2020, seven top officials under Paxton sent a letter to the AGO’s human resources department expressing concern that he was breaking federal law.
The aides wrote they had “a good faith belief that the attorney general [was] violating federal and/or state law including prohibitions related to improper influence, abuse of office, bribery and other potential criminal offenses.”
Three whistleblowers, James “Blake” Brickman, David Maxwell, and J. Mark Penley, were all fired from the Attorney General’s Office after submitting complaints to HR.
Paxton said the Office had legitimate reasons for terminating the employees who were fired.
“Some of those people left on their own, and some had other issues that we’ll end up getting into later once this litigation pans out,” Paxton said. “Facts matter. As time goes on people will see the truth.”
In October 2021, an appeals court dismissed Paxton’s claim that he held immunity from the whistleblowers and ruled that his ex-employees could sue him.
“Under the [Office of the Attorney General’s] interpretation, an employee who knows of significant abuses of power might be less willing to report the illegal conduct if her job is not protected,” stated Chief Justice Darlene Byrne.
In January 2022, Paxton appealed once more, and is now waiting for the Texas Supreme Court to decide if it will review the case.
