Professor Bruce Green was quoted in a Washington Post article discussing the Texas Bar Association’s investigation of state Attorney General Ken Paxton’s alleged misconduct in his effort to overturn the results of the 2020 election.
The State Bar of Texas will reconsider whether Paxton made false or misleading statements to a court or filed a frivolous lawsuit when he contested the election results of four other states, claiming that President Donald Trump lost because of fraud, according to documents provided to The Washington Post. The regulatory agency initially dismissed the grievance but was ordered by an appeals board last month to look into the accusations, records show. Paxton could be cleared or face penalties, including suspension or disbarment.
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Although the consensus was that the suit’s legal argument was deeply flawed, Bruce Green, a professor at the Fordham University School of Law, said it is not an ethical violation to bring a losing case.
“It’s a fine line between a really bad, losing filing and frivolous one,” Green said in an interview.
Green said the disciplinary agency could probe if Paxton’s lawsuit was spurred by good faith or political bias.
