Appeals court backs Ken Paxton bid for new judge

[TexasTowelie]

Source: Austin American Statesman

Siding with Texas Attorney General Ken Paxton in his bid to replace the judge in his criminal case, a state appeals court ruled Tuesday that the judge lost control of the case when he transferred Paxton’s trial to Houston on April 11.

The Dallas-based 5th Court of Appeals voided every order state District Judge George Gallagher issued after April 11 — including one setting Paxton’s trial for September.

The appeals court also ordered the Collin County district clerk to transfer Paxton’s case files to Harris County, where presumably a new judge will be selected.

Prosecutors had asked Gallagher to move Paxton’s case out of Collin County, saying they could not get a fair trial.

Read more: http://www.statesman.com/news/appeals-court-backs-ken-paxton-bid-for-new-judge/e4kJLeSaZEHeaPPsCl2MOO/

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Cross-posted in the Texas Group.

[cstanleytech]

1. So are all judges in Texas replaced with a new judge for a case if a judge issues a ruling for

a major case like this to be moved because they fear that the jury pool might be tainted locally?

[TexasTowelie]

2. I think things were already unusual in that Judge Gallagher is in Tarrant County

(Fort Worth) while the trial was going to be in Collin County (McKinney). Paxton will benefit from the delay as the case is set on the Harris County (Houston) docket. Even odder, the case probably should have been tried in Travis County where previous trials of state officials occurred, but the Travis County DA said that it was not the correct venue since the crimes were committed in McKinney County.

Four counties down, 250 counties remaining in Texas. This could take forever.