The State Bar of Texas sued Paxton for professional misconduct over his 2020 election lawsuit
The State Bar charged in 2022 that Paxton’s lawsuit to overturn the 2020 results in four states included dishonest statements and was filed in bad faith. Two courts let the case go forward. It ended in 2025 only after the Texas Supreme Court ruled that the attorney general’s office could not be disciplined this way, not because the charges were disproved.
What happened
In May 2022, the State Bar’s Commission for Lawyer Discipline sued Paxton in Collin County. It alleged that his December 2020 lawsuit challenging the 2020 results in four states (Texas v. Pennsylvania) contained dishonest statements and was brought in bad faith. Possible sanctions ranged from a private reprimand to disbarment. 01 02
The trial court let the case proceed. In April 2024 a divided Fifth Court of Appeals panel in Dallas ruled 2–1 that it could continue, and Paxton asked the Texas Supreme Court to intervene. 03
On Dec. 31, 2024, the Texas Supreme Court threw out a nearly identical case against First Assistant Attorney General Brent Webster, holding that it violated the separation of powers. 04 The bar then moved to drop its case against Paxton, and on Feb. 14, 2025, the court dismissed it as moot. 01
Why it matters
The state agency that polices lawyers’ ethics concluded that Paxton’s own filings warranted discipline. The case was never decided on the facts; it was ended by a ruling that shields the attorney general’s office from this kind of discipline. 01 04
Timeline
- State Bar files professional-misconduct suit against Paxton over the 2020 election lawsuit
- Appeals court lets the misconduct case against Paxton proceed
- State Bar case ends only after the Texas Supreme Court shields the attorney general’s office
What the sources show
The bar’s claims of misrepresentation and bad faith were allegations that no court decided on the merits. The courts ruled only on whether the case could go forward. The trial court and the Fifth Court of Appeals said it could; the Texas Supreme Court’s Webster ruling effectively ended it. No finding of misconduct and no sanction was ever made. 01 03 04
Paxton’s response
Paxton argued the State Bar had no power to discipline him for his office’s court filings. 03
Sources
- 01Texas Supreme Court dismisses state bar’s lawsuit against Ken Paxton for challenging 2020 presidential electionThe Texas Tribune · Feb. 14, 2025
- 02Texas appeals court weighing whether state bar can discipline Ken Paxton for challenging 2020 presidential electionThe Texas Tribune · Nov. 15, 2023
- 03
- 04Texas Supreme Court dismisses State Bar lawsuit against assistant attorney generalThe Texas Tribune · Dec. 31, 2024
Updates and corrections
- Case file published.