Alamo Drafthouse South Lamar
Laying Down the Law
RECEIVED Mon., July 16, 2018
Dear Editor,
As a taxpayer of this state, I am offended by the fact that Ken Paxton is wasting taxpayer dollars by suing the city of Austin Planning Commission and its members [see "Ken Paxton Seeks to Remove Eight of Austin’s Planning Commissioners," News, July 3]. As a former assistant attorney general, I seemed to recall that previous attorneys general have stated that this action by Paxton is not appropriate. Specifically, Attorney General Greg Abbott, stated: "Because, as we have indicated, we do not construe city charters, the decision as to the proper interpretation of this particular city charter must be left to the discretion of the appropriate municipal officials." See Tex. Att'y Gen. Op Nos. GA-0449 (2006) and GA-0130 (2003). Perhaps Mr. Paxton cannot read. Perhaps he simply chooses to ignore the precedent of previous attorneys general, i.e., the "rule of law." Either way, hopefully a court will be quick to recognize Paxton's antics as just what they are, politically motivated antics. It is too bad that the state Legislature changed the law so that persons wrongfully sued by the attorney general cannot be awarded their attorneys' fees for having to defend a frivolous lawsuit. I know because the law was changed years ago after I (and several other attorneys) were awarded attorneys' fees in a frivolous action filed by Dan Morales. The next session the Texas Legislature removed this provision so, unfortunately, now goons like Paxton can pursue their frivolous lawsuits with no fear of legal recourse.
As a taxpayer of this state, I am offended by the fact that Ken Paxton is wasting taxpayer dollars by suing the city of Austin Planning Commission and its members [see "Ken Paxton Seeks to Remove Eight of Austin’s Planning Commissioners," News, July 3]. As a former assistant attorney general, I seemed to recall that previous attorneys general have stated that this action by Paxton is not appropriate. Specifically, Attorney General Greg Abbott, stated: "Because, as we have indicated, we do not construe city charters, the decision as to the proper interpretation of this particular city charter must be left to the discretion of the appropriate municipal officials." See Tex. Att'y Gen. Op Nos. GA-0449 (2006) and GA-0130 (2003). Perhaps Mr. Paxton cannot read. Perhaps he simply chooses to ignore the precedent of previous attorneys general, i.e., the "rule of law." Either way, hopefully a court will be quick to recognize Paxton's antics as just what they are, politically motivated antics. It is too bad that the state Legislature changed the law so that persons wrongfully sued by the attorney general cannot be awarded their attorneys' fees for having to defend a frivolous lawsuit. I know because the law was changed years ago after I (and several other attorneys) were awarded attorneys' fees in a frivolous action filed by Dan Morales. The next session the Texas Legislature removed this provision so, unfortunately, now goons like Paxton can pursue their frivolous lawsuits with no fear of legal recourse.
Carla Cox
