Team Paxton is asking for that to happen.
A Harris County judge said Tuesday he will rule by the end of next month on Attorney General Ken Paxton’s request to move his felony securities fraud case back to his home county.
Judge Robert Johnson avoided getting into other issues raised in the case until he decides whether to send it back to Collin County, where it originated nearly four years ago.
Special prosecutor Kent Schaffer — who opposed Paxton’s motion to move the case — said after Tuesday’s hearing that he thinks Johnson “will make the right decision” and that he believes “with a high degree of certainty” that Paxton will go to trial by spring 2020.
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The case has been delayed for nearly four years now for reasons ranging from the change of venue request to courtroom damage due to Hurricane Harvey to an ongoing disagreement between Collin County officials and special prosecutors over what they ought to be paid for their work.
It was Paxton’s political influence in Collin County that led a judge to move the case to Harris County in the first place. In 2017, Judge George Gallagher sided with prosecutors who argued that Paxton could not receive a fair trial in the county where many of his friends and political allies live and hold positions of power.
The Collin County District Attorney, for example, recused himself from the case because of a friendship with Paxton, a former state legislator.
Paxton’s lawyers argue that Gallagher exceeded his authority in changing the venue in the first place because his temporary assignment to the case had expired months before he made the decision.
They’ve also said that public attention on Paxton’s indictment has waned since 2016 when the case was the talk of “blogs, media and Facebook posts.” Plus, Collin County is better-equipped to take the case as well, they say, because the Harris County court system is already overburdened.
See here, here, and here for the background. Paxton’s argument seems pretty self-serving here, but in some sense it doesn’t matter. We all know Judge Johnson’s ruling will get appealed, all the way to the CCA, and that whole rigamarole will take a couple more years. We’re all going to be old and gray before this case is resolved.