Last updated Oct. 13, 2026
Ken Paxton FilesTexas’s attorney general, on the record
KPF-008 Retaliation and secrecy Ruled against

Texas’s highest criminal court ruled Paxton overstepped his power to prosecute election cases. He then worked to oust the judges.

In an 8–1 ruling, the Texas Court of Criminal Appeals held that the law letting Paxton’s office prosecute election cases on its own violated the state constitution. Paxton responded by attacking the court and backing challengers who defeated three of the judges who ruled against him.

StatusRuled against
Event period2021–2024
Latest developmentMarch 5, 2024

What happened

Paxton’s office obtained an indictment of Jefferson County Sheriff Zena Stephens over campaign-finance allegations after the local district attorney declined to prosecute. Stephens argued that the law letting the attorney general prosecute election cases on his own was unconstitutional. 01

On Dec. 15, 2021, the Court of Criminal Appeals, Texas’s highest criminal court, agreed 8–1. It held that the statute gave the attorney general “a power more properly assigned to the judicial department,” violating the separation of powers in the Texas Constitution. The attorney general can prosecute such cases only when a local district or county attorney asks. 01 The court denied Paxton’s request for rehearing on Sept. 28, 2022. 03

Paxton then backed primary challengers against three judges in the majority: Presiding Judge Sharon Keller and Judges Barbara Hervey and Michelle Slaughter. 04 All three lost their March 5, 2024, Republican primaries. 05

Why it matters

The court found that Paxton’s office was exercising power the Texas Constitution gives to local prosecutors. 01

Paxton then targeted judges for their ruling, and all three he opposed lost their 2024 primaries. 04 05

Timeline

What the sources show

The published opinion confirms the date, vote and holding. 01 The Brennan Center’s State Court Report and Texas Tribune reporting confirm the denial of rehearing. 02 03 KERA and the Texas Tribune document Paxton’s involvement in the 2024 judicial primaries and the results. 04 05

Relevant response

Paxton’s response

Paxton attacked the ruling and the judges who issued it. 03 05

Response date — Sept. 28, 2022Last checked — Sept. 24, 2026

Sources

  1. 01
    State v. Stephens, Nos. PD-1032-20 & PD-1033-20 (Tex. Crim. App. 2021) — opinionTexas Court of Criminal Appeals (via FindLaw) · Dec. 15, 2021
    Court record
  2. 02
    State v. Stephens — case trackerState Court Report (Brennan Center) · Sept. 28, 2022
    Court record
  3. 03Reporting
  4. 04Reporting
  5. 05Reporting

Updates and corrections

  • Sept. 24, 2026
    Case file published.