In the coming weeks, Texas will witness the impeachment trial of Attorney General Ken Paxton — an event that has captured public attention and raised serious concerns about the integrity of the House proceedings, compared to something worse than a kangaroo court. As the trial rules develop with a June 20 deadline in the Senate, it is vital to prioritize fairness and due process.
To achieve this, Lt. Gov. Dan Patrick and the Texas Senate must make it clear the state House acted lawlessly and the Senate will embrace transparency and comprehensive guidelines to ensure a trial that upholds constitutional rights and promotes public confidence in the process.
Every trial is characterized by the mutual molding of the rules of the proceedings, achieved through motions practice and pre-trial conferences. The upcoming impeachment trial should be no exception. The parties should be allowed to discuss the rules of the trial beforehand. This includes deliberations on jury instructions, the number of witnesses and a plan for their presentation, the admissibility of evidence, and the time allocated for each side. By granting this input, we ensure the fairness of our adversarial system of justice and adhere to established trial practices in every other court in Texas.
To preserve Senate decorum and minimize political polarization, all parties must refrain from live witness testimony. Recent federal impeachments have embraced this approach, favoring deposition testimony introduced at trial. This maintains order and decorum and minimizes political influence — keeping the courtroom a place to deliberate facts,
