Texas AG Ken Paxton Strikes Again in Hypocritical Display of Faux Outrage

In a move that has political pundits chuckling and eye-rolling simultaneously, Texas Attorney General Ken Paxton is suing the Travis County commissioners court for allegedly violating the Texas Open Meetings Act. The all-Democratic, 5-member board reportedly approved $115,000 in hush-hush funding to help District Attorney Jose Garza fortify his home.

The funding, which the American-Statesman exposed in August, followed Garza's private plea to commissioners earlier this year. The commissioners acted on an agenda item so vague that government transparency experts have dubbed it "legally insufficient" to keep Travis County taxpayers in the loop.

Paxton, aided by Travis County residents Doug Keenan and Cleo Petricek, claimed in their suit last week that "the posted agenda failed to give adequate notice to the public." Shocker!

Legal experts are left scratching their heads, as Paxton has never bothered to enforce the Texas Open Meetings Act before. But hey, what's a better time to start than when you're already on a lawsuit spree against progressive communities?

Paxton, with his signature political panache, stated, "After the Travis County DA’s pro-crime policies have created such dangerous conditions for Austin residents, it is especially ironic that he secretly sought taxpayer-funded security measures for his home." because apparently, only he is allowed to have questionable ethics.

The county commissioners, understandably, aren't having it. They released a joint statement pledging to continue protecting elected and appointed officials and county employees "despite the deliberate attacks by state leadership." Mic drop.

Politics aside, five government transparency experts told the American-Statesman the suit has potential merit – and could be a glimmer of hope for open government in Texas. Here's what they said, verbatim:

— Daxton “Chip” Stewart, attorney and professor, Texas Christian University

“Imagine my surprise when the Texas Open Meetings Act... was the subject of an enforcement action by Attorney General Ken Paxton.... It’s hard for a transparency advocate like me... not to get a little excited.... Granted, it is rich for Paxton to file suit regarding an effort to ‘divert county funds to improve a private residence’ when he faced impeachment for alleged bribes to improve his own private residence last year. But Paxton’s hypocrisy is not the point...."

— Thomas Leatherbury, director of the First Amendment Clinic, SMU Dedman School of Law

“I feel strongly about the alleged defects in the Travis County Commissioners’ Court’s decision making process.... Plaintiffs allege common shortcomings in some governmental bodies’ fast-and-loose approach to the Open Meetings Act.... I feel heartened that the Attorney General has devoted the resources to challenge an alleged back-room decision...."

— Jim Hemphill, Austin-based First Amendment attorney

“This lawsuit implicates vital issues of government transparency and accountability.... Hopefully the Attorney General’s Office will take an active role going forward in monitoring potential Open Meetings Act violations...."

— Paul Watler, Dallas attorney specializing in open meetings cases

“The petition by the AG’s office puts forward well-established requirements.... In my opinion, if this case should reach the Texas Supreme Court, that Court would likely hold that the commissioners did have authority... but was required to provide greater specificity...."

— John Bussian, Texas media lawyer

“The Attorney General’s position in the suit against the county is well-founded. Especially in the way that it emphasizes the government transparency principles...."

Stay tuned for more political hijinks from Paxton & Co., folks. It's gonna be a wild ride.