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

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}

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}