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Ken Paxton’s impeachment cost Texas House at least $3.7 million

The bulk of the costs came from bills from Rusty Hardin’s law firm, according to records released this week.
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From left, Texas House impeachment manager Andrew Murr, R-Junction, speaks with prosecution lawyers Dick DeGuerin and Rusty Hardin during a short recess on the second day of the impeachment trial for Attorney General Ken Paxton on Sept. 6, 2023 in Austin. The Senate acquitted Paxton.

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TEXAS (Texas Tribune) — The Texas House spent at least $3.7 million in taxpayer dollars related to the impeachment of Attorney General Ken Paxton, according to the latest accounting from the chamber.

The House released a new batch of records Wednesday that included invoices from the law firms of the two renowned Houston attorneys who led the case against Paxton, Rusty Hardin and Dick DeGuerin. Those invoices represented by far the biggest expenses the House has disclosed so far in response to public information requests.

Paxton and Lt. Gov. Dan Patrick have been hounding the House to release the expenses since the Patrick-led Senate acquitted Paxton after a trial in September. The state auditor has been conducting a review of the spending at the behest of the lieutenant governor.

The impeachment lawyers have defended the expenses as part of a pursuit for justice they do not regret. But Paxton and his allies have argued it was a waste of taxpayer money given the final outcome.

“This is just the tip of the iceberg,” Paxton said in a statement Thursday. “Whether it’s the House costs, Senate costs, or the overall impeachment session costs, many millions more were incurred on [House Speaker] Dade Phelan’s sham and needless impeachment.”

Phelan defended the House’s impeachment in a statement responding to the latest House spending figures.

“The investigation, impeachment, and trial of Ken Paxton shed a clear, unflinching light on who Paxton is and the lengths to which he will go to stay in power,” Phelan said. “The Texas House will continue to faithfully fulfill its obligation to protect the integrity of our institutions and safeguard the public’s trust.”

The chair of the House board of impeachment managers, Rep. Andrew Murr, more directly defended the costs in his own statement.

“The future of Texas's governance, rooted in trust and transparency, justifies this expenditure, reinforcing the belief that the foundations of our democracy are worth every penny,” the Junction Republican said.

The Senate has not released its latest spending figures to The Texas Tribune yet. Patrick has downplayed the Senate’s costs, saying at the end of the trial that his chamber “did not pay a huge team of outside lawyers and investigators.”

The House’s $3.7 million tab is higher than the $3.3 million taxpayer-funded settlement that Paxton initially sought from the House, sparking the impeachment process. Paxton was trying to settle with former top deputies in his office who had accused him of abusing his office, and instead of approving the settlement, the House balked at using taxpayer dollars for it and decided to investigate the underlying claims.

Until Wednesday, the biggest expense the House had disclosed was about $193,000 in invoices from Harriet O’Neill, one of the lawyers who helped with the case against Paxton. But the invoices from the firms of Hardin and DeGuerin — especially Hardin’s — sent the total into multimillion-dollar territory.

Hardin’s firm, Rusty Hardin & Associates, has billed the House just over $3 million in legal fees and expenses, according to the records released Wednesday. The invoices cover 7,259.5 hours worked by over three dozen people, including almost all 16 of the people who are listed on the firm’s website.

Reached Thursday, Hardin said, "We'll let the public decide if it was worth it."

DeGuerin and another lawyer at his firm, Mark White, have submitted invoices for a total of $471,113.09 in legal fees and expenses. They had 677 billable hours.

DeGuerin and White both charged $500 an hour. So did Hardin and partners at his firm. Other employees at Hardin’s firm charged less than $500 an hour.

Paxton has continued to bang the drum about the House’s impeachment costs, suggesting Phelan has been withholding them until after the candidate filing deadline for the March primary, which was Monday.

“The filing deadline has come and gone and we still don’t know the cost of the impeachment,” Paxton said Wednesday on X, formerly known as Twitter. “It has been 88 days since the sham impeachment. [Phelan] is still hiding the cost to protect his house cronies from opponents running against them.”

According to the records released Wednesday by the House, the chamber received the invoices from the firms of DeGuerin and Hardin on Nov. 28, almost two weeks before the filing deadline. Phelan’s office did not respond to a request for comment on the timing.


"Ken Paxton’s impeachment cost Texas House at least $3.7 million" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2023/12/14/ken-paxton-impeachment-house-costs/.

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