Texas Attorney General Ken Paxton is calling for voters to replace three judges on the state Court of Criminal Appeals over his disapproval of a 2021 election fraud ruling.
Three judges on the Texas Court of Criminal Appeals are up for re-election this year. Attorney General Ken Paxton has called for voters to replace them with challengers he's backing after they ruled in the majority against him in an election law violation case in 2021. From left to right: Presiding Judge Sharon Keller, Judge Michelle Slaughter, Judge Barbara Hervey.
But when Stephens’ appeal made its way up to the Court of Criminal Appeals, they sided with her in an 8-1 ruling. Judge Kevin Yeary wrote the dissenting opinion., which states no member of the state’s executive, legislative or judicial branches of government, “shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.”
Slaughter was elected in 2018, one of the newest judges on the court. A self-described constitutional conservative and originalist, she wrote a 73-page dissent when the court denied Paxton’s motion for a rehearing in 2022, diving into the state and constitutional history she said informed her decision.
“We can't predict the future, but if he were to replace half or three-quarters of the court with people he's backed because of this one case, then are they going to recuse if something that involves him comes up before this court down the road?” Hervey said. He said his broader concern lies with the integrity of the court, saying it takes the court too long to issue its opinions. He also cited Kellerin 2009 and getting reprimanded for not allowing a last-minute appeal from a man the night before his execution in 2007, which helped cement the court’s tough conservative reputation.
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