Dr. Hotze Files with Texas Supreme Court Against Texas State Senate for Violating the Texas Constitution in Impeachment Trial of Texas AG Paxton

Dr. Hotze Files with Texas Supreme Court Against Texas State Senate for Violating the Texas Constitution in Impeachment Trial of Texas AG Paxton

Houston, Texas – On Thursday, August 24, 2023, Steven F. Hotze, M.D., Allesan Paige Streeter and Honorable Molly White filed a petition for writ of mandamus with the Texas Supreme Court (Case #23-0682) after their request for a temporary restraining order was denied without commentary by the 201st District Court in Travis County. A motion for emergency relief is being considered by the Texas Supreme Court while the mandamus is pending. Jared Woodfill, J.D., is representing the plaintiffs in this case. 

The lawsuit, which was filed against the Texas State Senate and Lt. Gov. Dan Patrick, requests a temporary restraining order, a temporary injunction and a permanent injunction. This would prevent enforcement of the rules that were adopted by the Texas Senate, SB 35, for the upcoming impeachment trial against Texas Attorney General Ken Paxton. 

The lawsuit challenges the constitutionality of Rule 10 of SR 35 and the Gag Order, which prohibits state senators and representatives from discussing issues of the Paxton impeachment with their constituents. This is a clear violation of Article 1, Section 8 and 27 of the Texas Constitution that states, “The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested in the powers of government for redress of grievances or other purposes, by petition, address, or remonstrance.” There is no way for citizens to petition their state senators with their views on the impeachment trial if the senators are forbidden to discuss the issues with their constituents.

The lawsuit also challenges Rule 31 that unconstitutionally excludes Attorney General Paxton’s wife, Senator Angela Paxton, from participating in the impeachment trial. Article 15, Section 2 of the Texas Constitution states that, “Impeachment of the…Attorney General…shall be tried by the Senate.” No exclusion of senators exists in the Impeachment article found in Article 15.

Dr. Hotze stated, “This is not a judicial trial presided over by a judge. It is a political trial presided over by Lt. Governor Dan Patrick and tried by elected politicians. If this were a judicial trial with voir dire for seating jurors, then none of the senators would be seated.” 

Dr. Hotze added, “Attorney General Paxton was overwhelmingly reelected to serve a third term. Just a few months later, during the final days of the Texas legislative session, a General Investigative Committee was formed by Speaker Dade Phelan. This committee had been meeting in secret during the session. All the testimony was hearsay. There was no sworn testimony nor witnesses. Neither Attorney General Paxton nor his attorneys were allowed to testify.  The RINOs and Democrats, that form a Uniparty, worked together to railroad the impeachment of Attorney General Paxton because of his strong, nationwide conservative leadership, opposing the woke agenda.”

Dr. Hotze concluded, “I would encourage Texans to go to and sign the online petition supporting Attorney General Paxton. I would also urge them to contact their state senators and ask them to acquit Attorney General Paxton from the impeachment charges, so he can get back to work, protecting Texans.”