Decision to ax judge in Ken Paxton case was wrong, prosecutors tell top criminal court

AUSTIN — For the second time in two years, the criminal case against Attorney General Ken Paxton could be headed to Texas' top appeals court.

Last week, prosecutors pursuing the charges against Paxton asked the Court of Criminal Appeals to reverse a lower court's decision to remove the judge presiding over the high-profile fraud case. They argued that the lower court, based in Dallas, erred when it axed Judge George Gallagher by misinterpreting Texas law and failing to acknowledge that it lacked jurisdiction.

"The {Dallas} Court of Appeals abused its discretion by even entertaining Paxton's petition," prosecutor Brian Wice wrote, adding the court was also incorrect in concluding Gallagher "had a clear and unequivocal legal duty to step aside."

The Dallas court issued its order booting Gallagher on May 30 and gave him until Friday to comply. The decision was a major win for Paxton, who had said the judge should step aside after moving the upcoming trials from Collin to Harris County.

Read more: https://www.dallasnews.com/news/texas-politics/2017/06/05/decision-ax-judge-ken-paxton-case-wrong-prosecutors-tell-top-court