Texas Attorney General Ken Paxton's battle against three incumbent justices of the state's highest criminal court has turned the GOP primary into a political spectacle. Paxton, openly critical of Presiding Judge Sharon Keller, Judge Barbara Hervey, and Judge Michelle Slaughter, objects to a 2021 decision preventing his office from prosecuting election cases without local consent. Fueled by that disagreement, Paxton now backs his choice challengers to unseat the trio in what are typically "low information elections," as described by Wendy Watson, a faculty member at the University of North Texas, according to a report by San Antonio Report.
The crux of the issue dates back to a unanimous Court of Criminal Appeals ruling that Paxton's maneuver to solely prosecute a voter fraud case violated the Texas Constitution. This primary marks Paxton's first chance to politically retaliate against the eight justices who opposed him. "It's sad because he wouldn't know me from Adam. I'm sure he doesn't know anything about me," Judge Hervey told the San Antonio Report, casting doubt on whether Paxton was familiar with the details of the case he publicly criticized.
The incumbents are contending with Paxton-endorsed candidates: Judge Keller faces David Schenck, a former state appeals court judge; Judge Hervey is up against Waco attorney Gina Parker; and Judge Slaughter is being challenged by Collin County lawyer Lee Finley. Despite the apparent political vendetta, all three incumbents have received donations from Texans for Lawsuit Reform, an entity Paxton has called a political foe.
Paxton's challenge comes against the backdrop of his own contentious legal history, having been acquitted of abuse-of-office charges by the Senate following an impeachment vote in the Texas House last May. His crusade seems to well align with broader partisan efforts to question the loyalty of public officials and their stance on voter fraud, a topic steeped in controversy since the Trump era. "This is a loyalty test," Watson commented according to the San Antonio Report. "You didn't let Ken Paxton prosecute voter fraud, that must be because you are OK with voter fraud. Right?"
Highlighting the incumbent judges' conservative track records hasn't shielded them from far-right criticism. Keller, for instance, brings decades of experience on the bench – a tenure not without its share of ethics complaints. Her opponent, Schenck, aims to focus on what he sees as structural issues within the court, including the pace of issuing opinions. Similarly, Finley, facing Judge Slaughter, has leveraged Paxton's endorsement on his campaign trail, despite personal legal issues related to a defaulted home mortgage payment.
The Texas Supreme Court's pea in the pod, the Court of Criminal Appeals, oversees the most serious criminal matters in the state, with judges serving six-year terms. This election cycle, with its fracture of conventional political alliances and Paxton's influence, not only impacts the court's immediate future but also poses significant questions about judicial independence and the sway of political retribution in the Lone Star State.
