State senators will serve as jurors, and Lt. Gov. Dan Patrick will preside over the court, similar to a judge. Patrick can also appoint a senator who is not running for re-election in 2024 to serve as the presiding officer.
Sen. Angela Paxton, R-McKinney, the attorney general’s wife, must be present for the trial, but is not allowed to participate or vote, according to a resolution explaining the proceedings.
The resolution was adopted in a 25-3 vote June 21. In a statement, Angela Paxton said she voted against the resolution because the rules “state that I am ineligible to vote on any matter, motion or question before the court, or to participate in deliberations. These same rules prohibit me from saying more about the proceedings.”
Angela Paxton said she would continue to do “everything in my power to be a voice of” the people of her district.
Sen. Sarah Eckhardt, D-Austin, and Sen. Bob Hall, R-Edgewood, also voted against the resolution.
In a statement documented in the Senate journal, Eckhardt said the rules for the trial “fall short of fair trial procedures and [deviate] significantly from historic precedent.”
Eckhardt explained her concerns about multiple sections of the rules, arguing that they give too much power to Patrick and create an “intentionally unlevel playing field” that benefits the attorney general’s legal defense team.
Hall did not explain why he voted against the resolution.
How we got here
Ken Paxton is accused of bribery, conspiracy, misuse of public funds, retaliation against former employees and more. The Texas House adopted 20 articles of impeachment against him with a 121-23 vote on May 27, setting the stage for the Senate trial.
Ken Paxton was immediately suspended from his official duties without pay following the House vote. The Senate will decide whether he is reinstated or permanently removed from office.
In the meantime, former Secretary of State John Scott is serving as interim attorney general.
After the Senate adopted the resolution, Patrick commended lawmakers for their work to determine the rules.
“I've never been more proud of the members of this floor and how you came together on this set of rules and how seriously you're taking your responsibility,” Patrick said. “I'm proud of all of you, and the citizens of Texas can count on the Senate of Texas to have a fair and just trial.”
Trial details
The trial will be open to the public and livestreamed, aside from the final closed-door deliberations during which senators discuss a verdict.
Senators, their staff and lawyers cannot discuss the trial with anyone outside of the court, according to the resolution. This includes news interviews or statements.
The Senate has the authority to issue subpoenas for witnesses before the trial begins. Witness lists from both sides of the case must be submitted by Aug. 22—two weeks before the trial is set to start.
The rules state that 16 of the 20 articles of impeachment will be considered during the trial. Ken Paxton will have the opportunity to plead guilty or not guilty to each charge.
If the senators find Ken Paxton guilty of any charges, a two-thirds vote (21 senators) is required to convict him.
Houston attorneys Tony Buzbee and Dan Cogdell will defend the attorney general during the trial.
“Now that the Senate has adopted the rules, we look forward to proving every count of this sham impeachment is baseless,” Buzbee said in a statement.
Dick DeGuerin and Rusty Hardin, who are also based in Houston, will prosecute Ken Paxton on behalf of the House.
The prosecutors said the rules “provide a fair trial for both sides. We thank the Senate for their diligence and hard work, and we look forward to presenting our case.”
