Ken Paxton’s lawsuit is a paradigm of frivolous litigation sanctionable under Rule 11 of the Federal Rules of Civil Procedure and its appellate analogs. Don’t hold your breath waiting for the Justices to sanction him.
“Lawyers signed their names to pleadings alleging these ‘facts’ in the original cases; that raised eyebrows, Lawyers for Texas re-allege them now after they have been repeatedly shown to be bogus. That should do more than that.
“Federal Rule of Civil Procedure 11 provides that an attorney’s signature on a pleading represents to the court that the material in it is supported by good-faith legal arguments and genuine evidence—
“and that it is not being ‘presented for any improper purpose’—including ‘unnecessary delay.’
“Under the Texas Disciplinary Rules of Professional Conduct, a lawyer may not ‘make a false statement of material fact or law to a tribunal,’ nor ‘offer or use evidence that the lawyer knows to be false.’
“Paxton and the other signatories—Brent Webster of the AG’s office and ‘special counsel’ Lawrence Joseph—have flagrantly violated these rules.
“There is no proper purpose for this filing other than to prevent the electoral process from functioning. There is no serious legal claim to support the suit. There is no evidentiary support, or prospect of same, for their ‘factual’ claims.” https://washingtonmonthly.com/2020/12/09/disbar-ken-paxton-and-then-some/
You can follow @HalMarshall2309.
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