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Paxton wants magistrates’ lawsuit tossed

We all want things, Kenny.

Best mugshot ever

The state attorney general Monday asked a judge to dismiss a lawsuit by three Harris County hearing officers who are fighting sanctions by Texas’ judicial ethics commission earlier this year over unfair bail practices.

Texas Attorney General Ken Paxton also asked that the case brought by three admonished magistrates be transferred from Harris County, where the judges sit, to Travis County, where the State Commission on Judicial Conduct is based. Paxton also asserts that the state watchdog agency has “sovereign immunity” from being sued.

The lawsuit, filed in May by three local magistrates, challenges the commission’s finding that they violated the state code of conduct for judges during probable cause hearings for newly arrested defendants. The hearing officers, Eric Hagstette, Jill Wallace and Joseph Licata III, initially challenged the commission’s findings through a more straightforward appeal to the state’s Special Court of Review. However, they later withdrew that appeal and sued the commission to have their records be cleared of the findings of misconduct.

Mike Stafford, who is representing the magistrates free of charge in this lawsuit, said the sanctions should be eliminated because the watchdog commission surpassed its authority in telling magistrates they can’t refer bond matters to the judges assigned to the cases.

“This case presents an important and rare opportunity to affirm that the Commission may not interpret Texas law and to ensure that the Commission is not allowed to exceed its mandate,” Stafford argued in district court filings.

See here for the background. I presume the reason to ask for a transfer as well as a dismissal is that if you don’t get the one you might at least get the other. Beyond that, I have no particular insights so I’ll just note this for the record and move on.

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