Paxton lawyers want judge replaced

AUSTIN -- Ken Paxton's lawyers on Tuesday asked for a new judge to be appointed to preside over the attorney general's securities fraud case.

The request in a motion filed by Paxton's defense lawyers came hours after Tarrant County state district Judge George Gallagher said he was moving the criminal trial to Harris County.

Paxton faces two counts of felony securities fraud and one count of failing to register with the state as an investment adviser.

Gallagher opted to relocate Paxton's criminal trial across county lines last month after citing concern that political influences are strong in the attorney general's home of Collin County where he originally was set to be tried.

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"Harris County was selected because the lead counsel for the state and the defense are located there. Harris County also has the facilities to accommodate the trial," Gallagher said in a statement.

Texas Attorney General Ken Paxton writes a birthday card to an elderly constituent, Friday, Oct. 21, 2016, in Austin. Texas Attorney General Ken Paxton writes a birthday card to an elderly constituent, Friday, Oct. 21, 2016, in Austin. Photo: Jon Shapley/Houston Chronicle Photo: Jon Shapley/Houston Chronicle Image 1 of / 18 Caption Close Paxton lawyers want judge replaced 1 / 18 Back to Gallery

Paxton's lawyers have opposed the change of venue and say a recent poll shows possible jurists in Collin County largely are undecided about the case. However, attorneys on both sides agreed to allow the court to relocate the trial to a county not adjacent to Paxton's home county, according to the ruling.

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Several of the lawyers for both the defense and prosecution are based in Harris County.

Paxton's attorneys filed a motion hours later asking that a new judge from Harris County be assigned to the case.

"By this motion, Paxton respectfully advises the Court that he will not be giving the statutorily-required written consent... to allow the Honorable George Gallagher or his court staff to continue to preside over the matter in Harris County," the motion reads.

Relocating the trial plucks Paxton's trial out of heavily-Republican Collin County to Harris County, which went undeniably blue in the 2016 presidential election. Paxton is a Republican of Tea Party influence who climbed the ranks from a state representative to a state senator to attorney general in Collin County over the last 15 years.

"Collin County, where it was, Ken Paxton is king," said Dick Deguerin, a criminal defense attorney in Houston. "And Houston has the most diverse jury panel than anywhere in Texas. If you can't get a fair trial in Houston, you can't get a fair trial anywhere."

Paxton was indicted in 2015 and faces two counts of first-degree felony securities fraud and one third-degree count of failing to register with the state as an investment adviser. Paxton has maintained his innocence and contends he is the victim of a political witch hunt.

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The change of venue alters the dynamic of Paxton's legal fight, which began in 2015 with an indictment in his home county. Since then, he repeatedly has tried to convince judges to dismiss the charges against him, to no avail.

A federal judge dismissed similar civil charges filed by the U.S. Securities and Exchange Commission last month. The judge has yet to set a court date for the criminal trial.