Governor Abbott names interim attorney general as Ken Paxton awaits impeachment trial

AP Photo/Tony Gutierrez, File

Governor Greg Abbott appointed former Secretary of State John Scott as interim attorney general to serve while Ken Paxton awaits his impeachment trial in the Texas Senate. When the Texas House impeached Paxton toward the end of its legislative session, he was immediately suspended. Scott will fill the position until further action is taken.

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Scott worked with Abbott in the attorney general’s office when Abbott served in that position. He was Secretary of State for a little more than a year, from October 2021 to December 2022. He left that position to return to private practice. Before that, he served as a deputy for civil litigation under Abbott in the attorney general’s office. He oversaw all civil litigation in that office, which totaled over 22,000 lawsuits.

“John Scott has the background and experience needed,” the Republican governor said in a statement. “He served under me in the Texas Attorney General’s Office and knows how the Office of the Attorney General operates.”

“His decades of experience and expertise in litigation will help guide him while serving as the state’s top law enforcement officer,” the governor said.

The governor said that Scott has “handled cases at all levels of the judicial system.” He is a Fort Worth attorney with more than 34 years experience. He has handled cases up to the U.S. Supreme Court.

Democrats disapprove of the appointment because Scott worked with former President Trump during Trump’s attempt to overturn the 2020 presidential election in Pennsylvania. Scott said in interviews that Biden is president and he has “not seen anything” to suggest widespread voter fraud. He doesn’t accept Trump’s claims about the election.

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While he was secretary of state, Scott oversaw the forensic audit of the 2020 presidential election results. Some administrative errors were found, along with other mistakes in the four largest counties, but no widespread fraud. The state’s largest counties are Republican-controlled Collin and Tarrant counties and Democrat-controlled Dallas and Harris counties. When the audit was completed, he left the office to return to private practice.

He was in charge of the rollout of the state’s new ID requirements for mail-in ballots and the applications for them. During that time, about 12 percent of mail-in ballots were rejected during the 2022 primary and about 4 percent were rejected during the general election that followed in November.

Scott was the first COO of the Health and Human Services Commission before he worked in the attorney general’s office. He oversaw the overhaul of the agency’s internal ethics and fair contracting policy. He receives praise for his work there.

“The impact of John’s sound assistance, advice, and counsel cannot be overstated,” said former HHS Commissioner Chris Traylor said in a statement at the time. “He brought with him to the HHS system the legal acumen and the commitment to excellence necessary to affect immediate change during one of the most difficult periods for any state agency in recent memory.”

He also developed the strategic plan for technology and security at state agencies and boards as chair of the board of the Department of Information Resources.

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Scott will serve as interim attorney general until the completion of Paxton’s impeachment trial in the state Senate.

The accusations of misconduct in Paxton’s office came from former top officials in the office.

The accusations of misconduct were levied in 2020 by eight former top officials who quit or were fired shortly after taking their concerns about Paxton’s behavior to law enforcement. Four of the fired executives filed a whistleblower lawsuit arguing that they were improperly retaliated against by Paxton and his first deputy, Brent Webster. After Paxton was suspended from office, Webster told agency employees that he would be stepping into Paxton’s role.

Most recently, six officials and employees took a leave of absence from the agency to help with Paxton’s Senate trial. The agency had come under criticism for allowing employees to come to Paxton’s defense in the days before and after Paxton was impeached.

Scott’s experience includes diplomacy with Mexico during his time as secretary of state. And he won the largest jury verdict in an asbestos lawsuit in 1998. His legal experience is varied and that likely serves him well as attorney general.

As secretary of state, Scott also served in a diplomatic capacity, managing the state’s relationship with Mexico, Texas’ largest trading partner. With cracking down on illegal immigration a top priority for Abbott, Scott helped negotiate pacts with the governors of Neuvo Leon, Chihuahua, Coahuila and Tamaulipas to improve border security efforts.

In 1998, Scott gained national notoriety, at least in legal circles, for winning $28 million in an asbestos lawsuit — at the time, the largest jury verdict of its kind in the United States.

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When he resigned as secretary of state, he worked as a lobbyist. He did so during the regular legislative session that ended Monday. He stopped lobbying work on May 27,the day the House voted to impeach Paxton. His clients included South Texas College, a pro-life group called Human Coalition, a New York-based blockchain company, and a subsidiary of Superior HealthPlan.

For now, he is being touted as a “trusted and respected conservative” by other Texas conservatives. We’ll see how long that lasts.

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