# Can Texas Attorney General Ken Paxton be disbarred? **URL:** \ **Category:** Factual Questions\ **Created:** [June 29, 2015, 10:26am UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774 "2015-06-29T10:26:20Z")\ **Posts on this page:** 14\ **Page:** 2
**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\ **Post date:** [July 1, 2015, 5:22am UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/21 "2015-07-01T05:22:04Z")
IANAL, though maybe I should have been, have you seen what they make? Anyway, I digress. I’m afraid I don’t have any opinion to offer on whether there might be actual grounds for Paxton to be disbarred, though since that would have to be an action by the Texas Bar, I doubt they’d muster up the will even if what he’s doing rises to the standard. Pretty nervy to disbar the AG. As for the forms, though–maybe this should be a new thread–but how much do markups to the forms really matter? I thought it was well established that if you think you’ve been married properly, you’re married–even if it turns out the priest was defrocked, or the clerk used the wrong seal, or whatever. ---
**Author:** ![RaffArundel](https://avatars.discourse-cdn.com/v4/letter/r/87869e/32.png) [@RaffArundel](https://boards.straightdope.com/u/RaffArundel)\ **Post date:** [July 1, 2015, 3:58pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/22 "2015-07-01T15:58:20Z")
> [@TSBG](#): > > I thought it was well established that\*\* if you think you’ve been married properly\*\*, you’re married–even if it turns out the priest was defrocked, or the clerk used the wrong seal, or whatever. Bolding mine. Probably not worth another thread in this case, but if you accept a form which has been altered, then one could argue that you should have known that wasn’t a valid license to marry. Nobody (that I am aware of) who gets to make that decision in Texas has said this is an issue. Paxton’s directive to provide reasonable accommodations, without regards to the form, suggests that it isn’t going to be an issue, but this is politics, so who knows? I would guess that if they wanted to play the FUD card, they would have said something, even if it was just a rumor. > [@Kimballkid](#): > > Since AG is an elected position, and the consensus in this thread seems to be that he probably can’t be disbarred, could he not be impeached? Sure, as Omar pointed out, but on what grounds? > [@suranyi](#): > > My prediction: The AG will not be disbarred nor impeached, and same-sex marriage will go ahead in Texas \*despite \*whatever he says. Emphasis mine. This is very interesting, because I think you are getting half the story. He has not said in an official capacity (no matter how many times it gets reported that way) that he is blocking SCOTUS and denying any of the licenses. He has directed the county clerks with religous objections to delegate to someone who can issue the license and if that is not possible accept the fact they will get lawyers involved. He did say that he would support someone exercising their 1st Amendment right to wrt their religion - but what exactly could he do in such a lawsuit other than defend the state via a “reasonable accommodation” defense? Bridget Burke posted some good links upstream, but here is an article from the LA Times which does a much better job of outlining the positions and the issues: > **[Confusion reigns in Texas over gay marriage after official's defiant statement](https://www.latimes.com/nation/nationnow/la-na-texas-same-sex-marriage-20150629-story.html)** > > The U.S. ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [July 2, 2015, 12:28am UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/23 "2015-07-02T00:28:29Z")
> [@Frank](#): > > There was a full page ad on the back page of the front section of yesterday’s Dayton Daily News: As communities of faith in the Miami Valley, WE DO SUPPORT MARRIAGE EQUALITY. Followed by a listing of a number of churches and synagogues. Dayton, Ohio or [Dayton, Texas](https://en.wikipedia.org/wiki/Dayton,_Texas)?? It is sadly clear that once again, in the P.R.T. ( People’s Republic of Texas ) the Rule of Law doesn’t mean a damned thing. Once again, how very pitiful and Un-American of them. ☹ ---
**Author:** ![Pinmin](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@Pinmin](https://boards.straightdope.com/u/Pinmin)\ **Post date:** [July 2, 2015, 11:48am UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/24 "2015-07-02T11:48:24Z")
> [@Cartooniverse](#): > > Dayton, Ohio or [Dayton, Texas](https://en.wikipedia.org/wiki/Dayton,_Texas)?? > > It is sadly clear that once again, in the P.R.T. ( People’s Republic of Texas ) the Rule of Law doesn’t mean a damned thing. > > Once again, how very pitiful and Un-American of them. ☹ Once again, ad hominem on Texas aside, what is being done wrong? Where is the “Rule of Law” being cast aside? This is a government bureaucracy, they need a little bit of time to update forms, processes, rules, etc. I would say it’s very American to disagree with a decision vocally (free speech and all that), but follow what the decision says. Which is what it happening in Texas. People complain because they aren’t automatically handed a license 5 minutes after the ruling is handed down. ---
**Author:** ![Lightnin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lightnin/32/180_2.png) [@Lightnin](https://boards.straightdope.com/u/Lightnin)\ **Post date:** [July 2, 2015, 12:20pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/25 "2015-07-02T12:20:51Z")
> [@Pinmin](#): > > People complain because they aren’t automatically handed a license 5 minutes after the ruling is handed down. I’m pretty sure people are complaining because an Attorney General is telling clerks that it’s okay to discriminate if they really, really want to. ---
**Author:** ![suranyi](https://avatars.discourse-cdn.com/v4/letter/s/e36b37/32.png) [@suranyi](https://boards.straightdope.com/u/suranyi)\ **Post date:** [July 2, 2015, 5:20pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/26 "2015-07-02T17:20:14Z")
> [@Lightnin](#): > > I’m pretty sure people are complaining because an Attorney General is telling clerks that it’s okay to discriminate if they really, really want to. Fortunately it looks like most clerks are ignoring the Attorney General, although some are doing it reluctantly. More every day are coming around. ---
**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\ **Post date:** [July 2, 2015, 5:47pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/27 "2015-07-02T17:47:12Z")
> [@Pinmin](#): > > I would say it’s very American to disagree with a decision vocally (free speech and all that), but follow what the decision says. Which is what it happening in Texas. People complain because they aren’t automatically handed a license 5 minutes after the ruling is handed down. Wrong. People are upset because the Attorney General ( the top cop in the People’s Republic of Texas ) is suggesting to people that they disobey the Supreme Court ruling. Instead of upholding the Constitution and the laws of the land, this peckerhead is encouraging illegal activities. That is why people are upset. But then, you knew that. ---
**Author:** ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)\ **Post date:** [July 2, 2015, 6:03pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/28 "2015-07-02T18:03:04Z")
In breaking news, it’s looking like the answer to the question "Can Texas Attorney General Ken Paxton be disbarred? " may turn out to be yes (I repeat, **may**.) Though not actually for marriage license-related reasons. [[http://www.rawstory.com/2015/07/texas-attorney-general-ken-paxton-could-face-felony-indictment-prosecutor/](http://www.rawstory.com/2015/07/texas-attorney-general-ken-paxton-could-face-felony-indictment-prosecutor/)](Can Texas Attorney General Ken Paxton be disbarred?) I’m assuming a felony fraud conviction could be sufficient for disbarment in Texas (whether it’s something the bar association is likely to do is a completely different story, of course). ---
**Author:** ![zwede](https://avatars.discourse-cdn.com/v4/letter/z/ac91a4/32.png) [@zwede](https://boards.straightdope.com/u/zwede)\ **Post date:** [July 7, 2015, 12:28pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/29 "2015-07-07T12:28:58Z")
Am I reading this right? Is Paxton also saying that if a clerk refuses to issue a license the state will **not** provide legal assistance when they get sued? If so, I think that is actually a big deal. Paxton is telling the clerks to suck it up, while packaging it in a homophobic way his supporters demand. Note: I do not in any way support Paxton and voted against him. I consider him a disgrace for our state. Still, if he’s refusing to spend tax dollars on defending the homophobes, that’s something. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [July 7, 2015, 1:21pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/30 "2015-07-07T13:21:31Z")
Depending on Texas’ constitutional and administrative structure, he probably can’t spend taxpayer money defending the homophobes. Most states make municipalities, counties and other subdivisions pay their own legal bills. ---
**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\ **Post date:** [July 7, 2015, 1:47pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/31 "2015-07-07T13:47:48Z")
> [@zwede](#): > > If so, I think that is actually a big deal. Paxton is telling the clerks to suck it up, while packaging it in a homophobic way his supporters demand. I don’t like Paxton much either, and everything I’ve ever heard from acquaintances in the legal and state government world says that Paxton is about one step from having rode the short-bus to law school. But I read what he said like you say above, and have to admit that’s more clever than I’d given him credit for, in a sort of “respect your enemy’s cunning” kind of way. I’m personally hoping that a lot of county clerks get smacked around by lawsuits, or the threat of lawsuits, and that his rather devious statement bites him and the other Tea Baggers in the ass. ---
**Author:** ![zwede](https://avatars.discourse-cdn.com/v4/letter/z/ac91a4/32.png) [@zwede](https://boards.straightdope.com/u/zwede)\ **Post date:** [July 7, 2015, 2:42pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/32 "2015-07-07T14:42:57Z")
Hood county clerk Katie Lang backs down after getting sued: [http://thescoopblog.dallasnews.com/2015/07/same-sex-couple-of-27-years-sues-hood-county-clerk-for-refusing-to-issue-marriage-license.html/](http://thescoopblog.dallasnews.com/2015/07/same-sex-couple-of-27-years-sues-hood-county-clerk-for-refusing-to-issue-marriage-license.html/) ---
**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\ **Post date:** [July 7, 2015, 10:01pm UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/33 "2015-07-07T22:01:56Z")
I believe that the disbarment rises from the AG intentionally providing legal advice that he knows is contrary to the clients’ needs. In other words, as your (the county clerks’) attorney, he is advising them to do something that is certain to have an adverse effect on them and he knows this. I would not want an attorney who advised me to get sued unless said suit was the path to the desired outcome. In this case, even if the clerks’ desired outcome is not to issue marriage licenses, the eventual suit is not the path to this outcome. In this case, Paxton, Abbott, and Patrick, are being absolute weasels. They are encouraging fairly low-paid county clerks to expose themselves to personal liability when they themselves have no exposure. These are guys who stand below the bridge and yell “Jump!” to the guy considering suicide. MLK dreamed of a future where men were judged by the content of their characters. Not that I’m surprised, but this episode exposes the disgusting and smelly content of these guys’ characters. They could continue to rail against SSM without throwing county clerks to the wolves. Bastards. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [August 2, 2015, 12:28am UTC](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774/34 "2015-08-02T00:28:08Z")
Here’s something else he could be disbarred for: > [@](#): > > Ken Paxton, the Republican attorney general of Texas and a former state legislator, has been indicted by a grand jury on charges of securities fraud and of failing to register with the state securities board, officials said. > > The grand jury in the northern Dallas suburb of McKinney handed up a three-count indictment against Mr. Paxton on Tuesday, the officials said. The indictment is to be unsealed on Monday, when Mr. Paxton is expected to turn himself in to the authorities at the Collin County Jail. > > The charges — two counts of first-degree securities fraud and one count of third-degree failure to register — are tied to Mr. Paxton’s work soliciting clients and investors for two companies while he was a member of the Texas House of Representatives, before he was elected attorney general in November. > **[Grand Jury Indicts Texas Attorney General, Ken Paxton, on Felony Charges...](https://www.nytimes.com/2015/08/02/us/grand-jury-indicts-texas-attorney-general-ken-paxton-on-felony-charges.html)** > > Mr. Paxton has been charged by a grand jury in connection with securities fraud and with failing to register with the state securities board. [Previous page](https://boards.straightdope.com/t/can-texas-attorney-general-ken-paxton-be-disbarred/723774.md?page=1)