AUSTIN — After nearly two days of closed-door deliberations, the Texas Senate approved the rules for the coming trial of impeached Attorney General Ken Paxton.
The House impeached Paxton in late May during the last days of the regular session, sending shock waves through Texas politics, as reported by The Dallas Express.
When the senators gathered on the floor late in the evening on Wednesday, Sen. Brian Birdwell (R-Granbury) thanked his fellow members for their work on the rules “that allowed for the great discussions we’ve had over the last 48 hours in the caucus of the whole.”
Calling the discussions “challenging,” Birdwell continued, “I believe we have achieved an acceptable set of rules.” He added that each rule had been individually signed and received broad bipartisan support.
The rules resolution passed with 25 ayes and three nays, with Sens. Angela Paxton (R-McKinney), Bob Hall (R-Edgewood), and Sarah Eckhardt (D-Austin) voting against the proposal.
After the vote, Lt. Gov. Dan Patrick, who will preside over the trial, reminded the senators that under the newly adopted rules, they and their staff are barred from discussing “any matter relating to the merits of the proceedings before the court of impeachment.”
He additionally noted Rule 10(c), which states, “No member of the court or the presiding officer of the court shall advocate a position on the merits of the proceedings to other members of the court or the presiding officer of the court, until such a time as deliberations shall begin.”
Patrick continued, “Members, thank you for your work. … I’ve never seen 31 senators so united.”
“You’re united to take an oath so that justice prevails, so that everyone will do their job,” he added. “The citizens of Texas can count on the Senate of Texas to have a fair and just trial.”
After the vote, the Senate recessed until Friday, and many members approached Sen. Paxton, the impeached attorney general’s wife, to hug her and exchange words.
Originally, Patrick had tasked a special committee chaired by Sen. Birdwell with proposing a set of rules by June 20, as reported by The Dallas Express. The Senate spent much of Tuesday afternoon in conference, presumably debating the rules, sending two of their members into the chambers every few hours to gavel in and out.
Finally, at 9 p.m., the Senate recessed until Wednesday morning. That day was filled with more of the same, as the senators remained out of the public’s view discussing the item in conference until bringing the issue to the floor in the evening.
Prior to the rules being submitted, the House Board of Managers handling the impeachment sent a letter to the Senate urging them to adopt certain rules and reject others. Paxton’s team had urged for a summary procedure clause to allow for dismissal of the claims.
The impeachment managers urged against this, saying they “have embraced the commitment to participating in an impeachment trial process that meets the traditional goals of trials in courts of law: transparency, fairness, and unquestioned impartiality.”
Additionally, the managers outlined 17 rules based on their analysis of previous impeachment trials. These suggestions included, among other things, that Paxton, the managers, and the Senate be allowed to retain counsel and call and cross-examine witnesses, as well as that the proceedings be recorded.
Notably, the House requested that the rules require recusals of interested parties.
“It has already been publicly disclosed that at least one Senator, Angela Paxton, presents an issue regarding the Court’s impartiality because she is Mr. Paxton’s spouse,” it stated.
However, the managers noted, “There is no law, statute, or rule within the impeachment trial context regarding when or how a Senator is disqualified or may be recused.”
Still, the House was granted some version of the request: While Sen. Paxton will not be able to cast a vote or act like a juror, she will “be seated in the court of impeachment.”
Sen. Paxton had previously issued a statement on June 19 that she would “do her duty” and fulfill her oath of office in regard to the impeachment trial of her husband, leading many to suspect that she likely would not recuse herself, as reported by The Dallas Express.
AG Paxton’s impeachment marks the first of a state-wide elected official since 1917, when James “Pa” Ferguson was removed from office.
Paxton has received noticeable support from the local and state apparatus of the Republican Party, with several North Texas county parties passing resolutions condemning the impeachment, as reported by The Dallas Express.
The State Republican Executive Committee also voted overwhelmingly to pass a similar resolution.
The resolutions brought a rebuke from Rep. Andrew Murr (R-Junction), the chairman of the General Investigating Committee and leader of the House’s impeachment managers.
Criticizing the local apparatus of his own party, Murr said they “focus entirely on the process used for impeachment in the House” and “they do not suggest that the House got any of the facts wrong.”
The Senate also adopted a resolution setting the trial to begin on September 5, 2023, at 9 a.m.