Sen. Angela Paxton (R-McKinney) announced Monday that she will not recuse herself from the trial of her husband, impeached Attorney General Ken Paxton.
She issued the statement the night before the special committee crafting the rules for the trial was set to submit its proposal to the Senate on June 20, as reported by The Dallas Express.
“I have twice been elected to represent the nearly one million Texans who reside in Senate District 8, and it is a tremendous honor and privilege to be their voice in the Texas Legislature,” she said. “Each time I was elected, I took an oath to uphold the Constitution and the laws of this great state, and Texas law compels each member of the Senate to attend when the Senate meets as a court of impeachment.”
“As a member of the Senate, I hold these obligations sacred and I will carry out my duties, not because it is easy, but because the Constitution demands it and because my constituents deserve it,” Sen. Paxton concluded.
Another factor potentially complicating the situation is that part of the impeachment articles submitted by the House deal with bribery charges related to Ken Paxton’s alleged mistress, as reported by The Dallas Express.
Her decision not to recuse herself from the political trial of her husband received varied responses.
Rep. Terry Canales (D-Edinburg), one of the House’s impeachment managers, condemned her decision, stating, “Texans deserve an impartial jury. A true public servant wouldn’t taint the process by sitting as a juror in their spouse’s trial.”
“The basic tenants of morality & ethics demand that you recuse yourself,” he claimed. “Anything less is not the image of propriety but a portrait of corruption.”
However, if all the members of the Senate who had a previous connection or opinion of the impeached Paxton were to recuse themselves, there would be no jurors left and no judge to administer the trial.
Some pro-impeachment observers have already called for the recusal of not only Sen. Paxton but Sen. Bryan Hughes (R-Tyler) and Lt. Gov. Dan Patrick as well for their relationship with the impeached AG.
Paxton has been the Attorney General since 2015 and served in the Senate from 2013 to 2015. Prior to that, he was a member of the House of Representatives from 2003 to 2013. He has held public office for 20 years, serving alongside many of the people who will be his jurors.
Popular Austin lawyer and political observer Adam Loewy offered a different perspective, tweeting that Sen. Paxton’s decision not to recuse herself was “The correct move bc there’s no case law or Senate rules requiring recusal.”
“It’s not a real trial,” he pointed out. “It’s a political trial.”
The Texas Constitution does not include a provision requiring any recusals from an impeachment trial. However, the Senate could choose to adopt rules requiring recusal under certain circumstances.