Maxey files complaint against Paxton with state bar

Posted on 04 Jul 2015 at 1:53pm

Glen MaxeyFormer state Rep. Glen Maxey filed a complaint against Texas Attorney General Ken Paxton related to his opinion issued last weekend to county clerks. Paxton wrote that although same-sex couples would have to be accommodated, clerks could follow their religious beliefs and not issue the marriage licenses made legal by the U.S. Supreme Court.

Here’s a link to the full grievance.

From a press release sent by Maxey:

Paxton has violated the following Texas Disciplinary Rules of Professional Conduct. The violations are as follows:

*R 1.06(b)(2): Paxton has a conflict of interest because his representation of his client (the State) is conflicted with his own self-interest in demagogic self-promotion to pander to his right-wing Tea Party supporters, even at the sacrifice of the rights of Texans
under the United States Constitution.

*Rule 4.01(a): in representing his client (the State), Paxton has clearly made “false statement of law” to the public, in derogation of the fundamental Law of the Land, the United States Constitution.

*Rule 8.04(a)(1): in assisting and inducing Assistant Attorneys General to make knowingly false statements of fact and law in patently erroneous legal opinions that are flatly inconsistent with the United States Constitution, as declared by the United States Supreme Court.

*Rule 8.04(a)(3): in engaging in conduct involving deceit, dishonesty, and misrepresentation, in issuing the false and misleading opinion.

*Rule 8.04(a)(12): Mr. Paxton has violated the statutes setting out his official duties, including Government Code sections 402.041-402.042, by failing to issue an opinion setting out truthfully “the legal reasons and principles on which it is based.”

*Rules 8.04(a)(3), 8.04(a)(12): Finally, and most egregiously, Paxton violated his sworn oaths of office. Specifically, he violated the statutory oath that he took to become licensed to practice law in Texas. Section 82.037 of the Texas Government Code required Paxton to swear that he would “support the constitutions of the United States and this state.” He has violated both that oath and the United States Constitution.

Additionally, Mr. Paxton violated his State Oath of Office, required under Article 16,┬áSection 1, of the Texas Constitution, in which he stated that he “will faithfully execute the duties of the office of Attorney General the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God.”

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