Sen. Angela Paxton can't vote in impeachment trial of husband Ken Paxton, but could still make an impact
AUSTIN (CBSNewsTexas.com) – The first thing many people have wanted to know about the Texas Senate's impeachment trial against suspended Attorney General Ken Paxton is if his wife, Senator Angela Paxton, would be allowed to serve as an active juror.
It was the last of the rules considered and approved by State senators.
David Coale, an appellate attorney in Dallas, said that's telling. "That shows that they talked about everything else, and that was the hardest thing to work out, and that rule reflects a compromise."
Under the rules approved by senators by a 25-3 margin Wednesday night, she can't be a juror.
Coale said, "She is not allowed to vote on any matter, so not just the ultimate vote, but any procedural point that comes up along the way. She is not allowed to participate in closed sessions where they have deliberation either about the ultimate verdict or about some other issue."
But state statute still requires Senator Paxton to be on the Senate floor during the trial.
While there will be one less senator voting, only 30, her attendance means all 31 senators will be counted as present.
That raises the two-thirds threshold needed to convict Attorney General Paxton on each article of impeachment from 20 to 21 votes.
Coale said, "So the higher threshold, the harder it gets, and sometimes one vote is all the difference in the case."
Senator Paxton, who was one of the three senators who voted against the trial rules said in a statement Thursday, "These 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."
Attorney General Paxton's lead lawyer, Tony Buzbee issued a statement saying, "Now that the senate has adopted the rules, we look forward to proving every count of this sham impeachment is baseless."
The attorneys hired by the Texas House to prosecute the case against Attorney General Paxton, Rusty Hardin and Dick DeGuerin told CBS News Texas, "The rules the Senate has propounded for the impeachment trial of Attorney General Kenneth Paxton provide a fair trial for both sides. We look forward to presenting our case."
On Wednesday night, Lt. Gov. Dan Patrick, who will preside over the proceedings, pledged an impartial trial. "The citizens of Texas can count on the Senate of Texas to have a fair and just trial."
The trial begins Sept. 5 at 9 a.m.
Coale said he believes the impeachment trial will take weeks.
If senators convict Attorney General Paxton, they will also then decide whether to disqualify him from holding state office ever again.