Texas Supreme Court Decides Attorney General Paxton is not Required to Give Testimony in Whistleblower Lawsuit
State Attorney General Ken Paxton has been praised by his office as securing ‘a major win’ for Texas after the recent ruling by the Texas Supreme Court.
The court’s decision on Friday stated that Paxton does not have to testify in a whistleblower lawsuit brought by four former employees who claim they were wrongfully terminated in 2020. The lower court order, requiring Paxton and three top aides to testify in the suit alleging wrongful firings after reporting alleged crimes to the FBI, was overturned.
The plaintiffs in the lawsuit include David Maxwell, Mark Penley, James Brickman, and Mark Vassar, who held various positions within Paxton’s office.
According to the ruling, there are no remaining disputed facts, and further discovery is not necessary. The only outstanding issue is determining the plaintiffs’ damages, which wouldn’t be addressed by the requested depositions.
The court mentioned that while some discovery might be needed, the trial court erred in ordering depositions without considering that the only remaining fact, OAG’s liability under the Whistleblower Act, is no longer contested.
The Supreme Court instructed the lower court to revoke its deposition order, expressing confidence in its compliance.
The plaintiffs have accused Paxton of bribery and abuse of power in connection with real estate developer Nate Paul, an accusation Paxton has denied.
After reaching a tentative settlement, Paxton requested legislative funding, triggering an impeachment investigation. Paxton was acquitted of most charges but agreed to apologize to former employees in a preliminary deal.
Jana J. Pruet and the Associated Press contributed to this report.
