MustReadTexas.com – @MustReadTexas
BY: @MattMackowiak
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FRIDAY || 11/22/24
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“Texas Supreme Court: Attorney General Ken Paxton need not testify in whistleblower case,” Austin American Statesman's Bayliss Wagner — “Texas Attorney General Ken Paxton and three senior aides do not have to testify in a wrongful termination case filed by four whistleblowers against Paxton's office, the Texas Supreme Court ruled Friday.
The unanimous decision deals a crushing blow to the case brought by Paxton's former employees after their yearslong battle to compel his deposition.
Eight of the court's nine conservative justices — all but Justice Evan Young, who recused himself — found the depositions were unnecessary because the top lawyer agreed not to contest the plaintiffs' allegations, thus resolving any factual dispute that witnesses could shed light on.
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"The only fact issue on which those witnesses are likely to provide information—OAG’s liability under the Whistleblower Act—is now uncontested," the court wrote in an unsigned order. Their decision partially overturns rulings from a trial court and the 3rd Court of Appeals that found Paxton must testify.
The state Supreme Court had rejected Paxton's previous attempt to kill the court-ordered deposition in a divided ruling in January.
After Paxton said he would stop fighting the claims, the plaintiffs had argued that allowing Paxton to skirt his deposition would jeopardize a future Legislature-funded settlement and deter future state employees from reporting improper conduct to authorities.
"Knowing that a government defendant could cut short litigation without admitting the claims or allowing them to be developed, while continuing to publicly smear plaintiffs and curtailing any effective relief, would only chill those whom the law was meant to safeguard," the whistleblowers' attorneys wrote in the June 25 filing.
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A previous, tentative $3.3 million settlement agreement between Paxton and the whistleblowers failed in 2023 after Paxton asked for a legislative appropriation to fund the settlement, which prompted House Speaker Dade Phelan, R-Beaumont, to tap the House Committee on General Investigating to look into the situation. After the House overwhelmingly voted to impeach Paxton on 20 charges, the state Senate acquitted him in a mostly party-line vote.
Paxton — along with First Assistant Attorney General Brent Webster; Paxton's chief of staff, Lesley French Henneke; and senior adviser Michelle Smith — had been scheduled to be deposed in February prior to Paxton's current appeal to the Supreme Court.
The lawsuit filed by the whistleblowers — former employees James Blake Brickman, J. Mark Penley, David Maxwell, and Ryan M. Vassar — in 2021 will continue with other forms of discovery." AAS ($)
TX TRIB / FW REPORT: “A tuition freeze without more state aid could leave Texas universities strapped” Texas Tribune
TX TRIB: “A year into the job, Texas A&M president performs balancing act with growth, tuition, faculty and state leaders” Texas Tribune
KXAN: “HHSC asks for hundreds of millions to reduce Medicaid, SNAP delays” KXAN
HOU LANDING: “Houston to expand civility ordinance, open resource hubs under new plan to end homelessness” Houston Landing
DMN: “Fair Park to see $39 million community space, public park completion in 2026” DMN ($)
DMN: “Dallas might eliminate parking minimums, but some aren't convinced” DMN ($)
KVUE: “'You just get hit with everything': Texas insurance rates soar as state lawmakers look for solutions” KVUE
SA REPORT: “Bexar County Democrats choose retired Air Force leader Michelle LoweSolis as chair” SA Report
> TX TRIB: "State Board of Education says it wants more control over public school library books" TX TRIB
> TX TRIB: "Why a West Texas county is building a new courthouse even after voters rejected the proposal" TX TRIB
> AP: "Texas is taking a final vote on allowing Bible-infused lessons in public schools" AP
> DMN: "If the Fed is cutting interest rates, why are mortgages and business loans costing more?" DMN
> DMN: "What might Texas lessons include about the Bible, Christianity?" DMN
> HOU CHRON: "Top takeaways from the PUC's post-Beryl investigation into CenterPoint" HOU CHRON
> HOU CHRON: "Dallas doctor sentenced for injecting heart-stopping drugs into patient IV bags at surgical center" HOU CHRON
> HOU CHRON: "Inside the sudden crash of a beloved Houston refugee resettlement agency" HOU CHRON
> COMMUNITY IMPACT: "Collin College to expand health science program with new $70M center" COMMUNITY IMPACT
> HOU CHRON: "Harris County launching study to restore or remove the Astrodome from NRG Park" HOU CHRON
> WACO TRIB: "Ken Paxton 'happy to go serve' if nominated after Gaetz withdraws as Trump's US attorney general pick" WACO TRIB
> KXAN: "Senate reaches deal on stalled Biden judicial nominees" KXAN
> TPR: "This year's FAFSA is officially open. Early review says it's 'a piece of cake'" TPR
Last night's Texas sports scores:
> NBA: San Antonio 126, Utah 118
> NCAAM: #13 Baylor 99, #22 St. John's 98
> NCAAM: Texas 70, Syracuse 66
> NCAAM: St. Joseph's 78, Texas Tech 77
> NCAAM: Bradley 82, Texas State 68
> NCAAM: Sam Houston State 105, Trinity 78
> NCAAM: Presbyterian 58, Stephen F. Austin 55
> NCAAM: North Texas 73, Texas Wesleyan 66
> NCAAM: Oklahoma 84, East Texas A&M 56
> NCAAM: Michigan 72, Tarleton State 49
> NCAAM: Texas A&M-Corpus Christi 81, Tennessee-Martin 77
This weekend's Texas sports schedule:
Fri
> 5pm: NCAAM: Monmouth at Stephen F. Austin (ESPN+)
> 6pm: NCAAF: Temple at UTSA (ESPN2)
> 6pm: NCAAM: Syracuse vs. Texas Tech (Brooklyn, NY)
> 6:30pm: NCAAM: Texas State at Princeton (ESPN+)
> 6:30pm: NCAAM: Trinity at Sam Houston State (ESPN+)
> 7pm: NBA: Portland at Houston
> 7pm: NBA: Dallas at Denver
> 7pm: NCAAM: Hofstra at #7 Houston (ESPN+)
> 7pm: NCAAM: Rice at Houston Christian (ESPN+)
> 7:30pm: NCAAM: Mississippi State at SMU (ACC Network)
> 8pm: NCAAM: Texas vs. St. Joseph's (ESPNU)
> 8:30pm: NCAAM: #13 Baylor vs. #11 Tennessee (CBS Sports Network)
Sat
> 11am: NCAAF: #13 SMU at Virginia (ESPN2)
> 12pm: NCAAF: UTEP at #11 Tennessee (SEC Network)
> 1pm: NCAAF: Rice at UAB (ESPN+)
> 2pm: NCAAF: Arizona at TCU (ESPN+)
> 2:30pm: NCAAF: Kentucky at #3 Texas (ABC)
> 2:30pm: NCAAF: East Carolina at North Texas (ESPN+)
> 2:30pm: NCAAF: Texas Tech at Oklahoma State (ESPN+)
> 3:30pm: NCAAM: LeMoyne at Texas A&M-Corpus Christi (ESPN+)
> 6pm: NHL: Dallas at Tampa Bay (ESPN+)
> 6pm: NCAAF: Baylor at Houston (FS1)
> 6pm: NCAAM: Youngstown State at Stephen F. Austin (ESPN+)
> 6:30pm: NCAAF: Texas A&M at Auburn (ESPN)
> 7pm: NBA: Portland at Houston
> 7:30pm: NBA: Golden State at San Antonio
Sun
> 12pm: NFL: Dallas at Washington
> 12pm: NFL: Tennessee at Houston
> 5pm: NBA: Dallas at Miami
> 7pm: NCAAM: Texas Southern at New Mexico (MWN)
DALLAS COWBOYS: Cowlishaw: "Cowboys coach Mike McCarthy just trying to avoid worst exit possible" DMN ($)
SMU FOOTBALL: "SMU's road success bodes well for clinching ACC berth vs. Virginia" DMN ($)
SAN ANTONIO SPURS: "Spurs expect Wembanyama, Vassell to return 'really soon'" SAEN ($)
TEXAS RANGERS: "Why Friday could be key indicator of Rangers' payroll capabilities" DMN ($)