Appeals court dismisses latest Paxton fee challenge

FILE - In this July 29, 2015 file photo, Texas Attorney General Ken Paxton looks during a hearing in Austin, Texas. Federal securities regulators have filed civil fraud charges against Paxton, Monday, April 11, 2016, over recruiting investors to a high-tech startup before becoming the state's top prosecutor. (AP Photo/Eric Gay) less FILE - In this July 29, 2015 file photo, Texas Attorney General Ken Paxton looks during a hearing in Austin, Texas. Federal securities regulators have filed civil fraud charges against Paxton, Monday, April 11, ... more Photo: Eric Gay, STF Photo: Eric Gay, STF Image 1 of / 1 Caption Close Appeals court dismisses latest Paxton fee challenge 1 / 1 Back to Gallery

AUSTIN -- The latest attempt to challenge fees being paid to special prosecutors handling the criminal case pending against Texas Attorney General Ken Paxton has been dismissed, court filings showed Saturday.

The two-page order by the Dallas-based 5th Court of Appeals tossed out a request by Jeffory Blackard, a Collin County landowner and Paxton supporter, to block Collin County officials from paying any additional invoices for services by three Houston attorneys who were appointed to prosecute Paxton on felony charges alleging that he violated state securities laws.

Paxton, who has been attorney general since January 2015, was indicted in August 2015 on two counts of securities fraud and one count of failure to register as a securities agent, for transactions stemming from actions in 2011 and 2012 while he was a member of the state Legislature representing Collin County. He has since been charged in a civil suit by the U.S. Securities and Exchange Commission with similar alleged violations.

Paxton has denied any wrongdoing.

A Dallas judge in dismissed Blackard's initial challenge. He sought to block the county from paying the $300-per-hour fees to the special prosecutors.

In the appeals court opinion, Chief Justice Carolyn Wright said that while taxpayers can under some circumstances file suit in civil court to challenge payments by a government entity, they cannot intervene in a criminal case in which they are not involved.

"Unlike the Rules of Civil Procedure, the Code of Criminal Procedure makes no provision for a third party to intervene in a 'criminal action," the opinion states. "Because (Blackman) lacks standing to challenge the trial court's order, we dismiss the petition.

Neither Blackard's attorney nor the special prosecutors could be reached for comment.