Opinion

When your AG faces fraud charges ...

Joe Kendall, left, then attorney for Texas Attorney Gen., Ken Paxton, right, visits with his client before a hearing begins for a on his felony securities indictment on Aug. 27. at the Tarrant County Courthouse in Fort Worth, Texas. Paxton pleaded not guilty Thursday to charges alleging that he defrauded investors before he became the state's top lawyer. Add to his woes, the federal Securities and Exchange Commission is suing Paxton for securities fraud. less Joe Kendall, left, then attorney for Texas Attorney Gen., Ken Paxton, right, visits with his client before a hearing begins for a on his felony securities indictment on Aug. 27. at the Tarrant County Courthouse ... more Photo: Rodger Mallison /Associated Press Photo: Rodger Mallison /Associated Press Image 1 of / 1 Caption Close When your AG faces fraud charges ... 1 / 1 Back to Gallery

What to do with Attorney General Ken Paxton?

The state’s top law enforcement figure faces criminal and civil fraud charges for allegedly steering investors to a technology company without disclosing the company was paying him to promote it.

The person voters chose to represent law and order is facing serious allegations that he broke the law.

Resign? If you really believe, as we do, that a person is innocent until proven guilty, why should Paxton do that? There is an alternative.

He has a right to fair due process. And if he is ultimately found innocent or the charges are dismissed, resignation means he will have unfairly and unnecessarily sacrificed his elected post.

Yet there is no ignoring the mounting pressures Paxton faces, which makes us wonder how he can be focused on his job as Texas attorney general. He has acted as if it’s business as usual, continuing the boilerplate Texas fights over social issues and environmental law, and making controversial staff appointments. But the reality is that when Paxton offers a legal opinion or does an interview with state or national media, his comments are shaded by the fraud allegations.

First came criminal charges, and now we have the federal Securities and Exchange Commission suing Paxton for securities fraud. Both suits deal with the same central question: As a state lawmaker in 2011, did Paxton steer people to invest in the tech company Servergy Inc. without disclosing that he was being compensated?

As the SEC complaint alleges, after Paxton persuaded five friends to invest $840,000 in Servergy, he received a stock certificate for 100,000 shares in the company. The SEC lawsuit is a particularly unsettling development because the agency almost always wins these cases and two of Paxton’s co-defendants have agreed to significant financial settlements.

The civil suit could also lead to federal criminal charges. That would be in addition to the state criminal charges Paxton is facing.

The best course of action would be for Paxton to take a leave of absence until all of this is settled.

By taking a leave of absence, he would ensure the attorney general’s office is as free as possible from this mess, but he would still maintain his place as a statewide elected official should he be cleared. It’s a balance that would limit distractions, while acknowledging the seriousness of the situation. It’s not business as usual at the AG’s office, and, no, these charges are not political.