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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, That the |
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following Rules of Impeachment govern in the Impeachment Trial of |
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Warren Kenneth Paxton Jr., Attorney General of the State of |
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Texas: |
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Rule 1. |
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Court of Impeachment. At 9:00 a.m., on September 5, 2023, or at |
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the discretion of the presiding officer of the Senate, the Senate |
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of the State of Texas shall meet to receive the appearance or plea |
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and commence the trial of Warren Kenneth Paxton, Jr., Attorney |
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General of the State of Texas, against whom articles of |
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impeachment have been preferred by the House of Representatives |
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of the State of Texas. |
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Rule 2. |
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Court and Court Officers. The Senate of the State of Texas sits as |
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the court of impeachment. The members of the Senate serve as the |
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members of the court. The President of the Senate, or a member of |
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the Senate designated by the President, serves as the presiding |
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officer of the court. In addition, the President of the Senate |
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may appoint a jurist who shall not run for election in the 2024 |
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election cycle to serve as the presiding officer of the court. |
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The Sergeant at Arms of the Senate serves as bailiff of the court. |
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The Secretary of the Senate serves as clerk of the court. The |
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President of the Senate may appoint additional officers of the |
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court as he deems necessary. |
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Rule 3. |
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Parties and Appearance. Warren Kenneth Paxton, Jr., and the House |
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Board of Managers are the parties to the trial of impeachment. |
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The parties and their counsel shall be admitted to appear and be |
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heard on the impeachment. The parties and their counsel have |
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access to the floor of the Senate at all times and are to be |
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provided seats on the floor of the Senate, except when the court |
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of impeachment is in closed session. The appearance of the |
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parties and their counsel is to be indicated in the record of the |
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proceedings for each session of the impeachment trial. The |
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bailiff shall maintain a daily register of all persons admitted |
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to the floor of the Senate, except for members of the court, |
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officers of the court, the presiding officer, legal counsel for |
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the presiding officer, and staff of members of the court. |
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Rule 4. |
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Proceeding Records. |
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(a) The clerk of the court shall ensure that the court has the |
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court reporters necessary to transcribe the court's proceedings. |
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The parties may also have their own court reporter to transcribe |
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the proceedings, at their own expense. |
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(b) A copy of all written documents submitted into evidence |
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during the impeachment trial shall be shared with members of the |
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court. |
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Rule 5. |
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(a) Commencement of the Trial. The Senate, having resolved itself |
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into a court of impeachment, shall proceed to the consideration |
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of Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XV, XVI, |
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XVII, XVIII, XIX, and XX. Articles XI, XII, XIII, and XIV shall be |
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held in abeyance. The clerk of the court shall read the articles |
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of impeachment and the presiding officer shall ask Warren Kenneth |
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Paxton, Jr., or his counsel, how he plead on each article. Warren |
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Kenneth Paxton, Jr., shall in-person or by counsel appear in the |
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court and plead guilty or not guilty to the articles of |
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impeachment preferred against him. The plead shall be recorded |
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with the clerk of the court of impeachment. If Warren Kenneth |
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Paxton, Jr., fails to appear in-person or by counsel, or in |
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appearing, fails to plead to the articles of impeachment, the |
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trial shall proceed as on a plea of not guilty. |
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(b) Action on Pleadings. Any motion, that if wholly or partially |
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granted, would result in dismissal of any article or articles of |
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impeachment shall be submitted to a vote of the majority of the |
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members present and eligible to serve as jurors without debate or |
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comment, after members of the court consider all written motions |
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and answers by the parties and the report of recommendations |
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prepared by the Senate Special Committee on Rules & Procedures |
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for Court of Impeachment. |
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All other pre-trial motions shall be ruled on by the presiding |
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officer of the court considering all written motions and answers |
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by the parties and the report of recommendations prepared by the |
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Senate Special Committee on Rules & Procedures for Court of |
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Impeachment previously submitted under Rule 15, without debate |
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or comment. The presiding officer of the court shall rule on each |
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such motion, or at his or her option, shall submit the question to |
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a vote of the majority of the members present and eligible to |
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serve as jurors. |
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(c) Order of Proceeding and Trial. The trial shall begin promptly |
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after rulings and votes on all pre-trial motions. Time |
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limitations as provided in Rule 17 shall be monitored by the |
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clerk of the court during all the proceedings of the court. The |
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House Board of Managers may provide an opening statement. Warren |
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Kenneth Paxton, Jr., or his counsel may make an opening statement |
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afterwards or reserve the right to make an opening statement at |
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the beginning of his case. The House Board of Managers or their |
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counsel may then begin the presentation of evidence. |
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Cross-examination of witnesses is permitted. Upon conclusion of |
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the evidence on the part of the House Board of Managers or their |
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counsel, Warren Kenneth Paxton, Jr., or his counsel may make an |
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opening statement if they have not already done so. Warren |
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Kenneth Paxton, Jr., or his counsel may begin the presentation of |
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evidence. Cross-examination is permitted. Rebuttal evidence may |
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be presented by both parties. Upon the completion of all |
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evidence, closing arguments shall be heard. The House Board of |
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Managers having the burden of proof, has a right to open and close |
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the final arguments. Following final arguments, members of the |
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court shall begin deliberation. |
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(d) Examination of Witnesses. All witnesses and evidence shall be |
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examined only by the House Board of Managers or counsel to the |
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parties. |
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(e) Witness Lists. A list of all witnesses, if any, who are to be |
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called to testify in their case in chief at trial by a party, |
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including the status of their subpoenas, are to be filed with the |
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clerk of the court by August 22, 2023, or a date set by the |
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presiding officer of the Senate. Copies of such lists shall be |
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provided to the opposing party, members of the court, the |
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presiding officer of the court, and legal counsel of the |
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presiding officer of the court but are otherwise confidential. |
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Rule 6. |
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Authority of the Court. The presiding officer of the court has the |
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power to compel the attendance of witnesses, to enforce obedience |
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to its orders, mandates, writs, process, and judgments, to |
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preserve order, and to punish for contempt to the same extent as |
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district courts in the State of Texas or as provided in Section |
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III, Article 15, of the Texas Constitution, and to make all |
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lawful orders, rules and regulations which it may deem essential |
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or conducive to the ends of justice. The bailiff, under the |
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direction of the presiding officer thereof, may employ licensed |
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Texas peace officers to aid and assist as may be necessary to |
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enforce, execute, and carry into effect the lawful orders, |
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mandates, writs, and process sitting as a court of impeachment. |
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All effort shall be taken to ensure the timely production of |
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subpoenaed writings or other items. All subpoenas issued |
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requesting documents, writings, or other items shall be |
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responded to within seven days of receipt of service. |
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Rule 7. |
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Suspension or Amendment of the Rules. These rules of impeachment |
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govern during the trial of this impeachment proceeding. The rules |
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may be suspended on the vote of two-thirds of the members of the |
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court present and eligible to serve as jurors, the yeas and nays |
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of the vote entered in the record. The rules may be amended on |
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the vote of two-thirds of the members of the court present and |
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eligible to serve as jurors, the yeas and nays of the vote entered |
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in the record, after written notice of the proposed amendment has |
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been given in the open court for a period of at least twenty-four |
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hours. |
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Rule 8. |
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Closed Court Deliberation. The sessions of the court of |
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impeachment are to be open. Deliberations of the court are to be |
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closed. The court may meet in closed session, but no formal |
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action may be taken in a closed session. Deliberations may not |
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occur until conclusion of all final arguments. Only members of |
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the court are permitted in deliberations. Any vote shall be in |
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open court without debate or comment. After final judgment, a |
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member of the court may provide a written statement on their vote |
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within seventy-two hours to the clerk of the court which would |
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become a part of the official record and entered into the |
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journal. |
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Rule 9. |
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(a) News Media. In order for the public to be properly informed, |
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representatives of the news media are to be provided space in the |
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Senate gallery and are to be allowed to cover the proceedings of |
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the Senate of the State of Texas sitting as a court of impeachment |
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when the court is in open session. Interviews, press conferences, |
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and other contacts between representatives of the news media and |
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members of the court, officers of the court, members of the House |
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of Representatives, counsel, witnesses, or parties may not be |
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conducted in the Senate Chamber, the Lt. Governor's reception |
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room, the member's lounge, the back hall of the Senate Chamber, |
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and the corridors and rooms within the prescribed area while the |
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court is in session. Two stationary pool cameras shall be allowed |
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in the Senate Chamber to ensure clear visual and audio |
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availability to the news media. |
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(b) Public Access. The bailiff shall organize a method by which |
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as many members of the public as possible have access to the |
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Senate gallery while the court is in open session by rotating |
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members of the public through the gallery seats in an orderly |
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fashion at certain time intervals. To ensure remote public |
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access, the court shall livestream the court proceedings, except |
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when the court is in a closed session. |
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Rule 10. |
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(a) Gag Order. A gag order that meets state and federal law |
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standards shall be issued by the presiding officer of the court |
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as soon as practicable after adoption of the rules for the court |
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of impeachment. |
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(b) Communication Rules. No members of the court, staff of |
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members of the court, presiding officer of the court, and legal |
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counsel of the presiding officer shall discuss or comment on any |
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matter relating to the merits of the proceedings before the court |
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of impeachment with Warren Kenneth Paxton, Jr., and his counsel, |
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the House Board of Managers and their counsel, or any persons |
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other than members of the court, the presiding officer of the |
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court, legal counsel to the presiding officer, or staff or legal |
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counsel to members of the court. |
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(c) Advocating a Position. No member of the court or the presiding |
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officer of the court shall advocate a position on the merits of |
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the proceedings to other members of the court or the presiding |
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officer of the court, until such time as deliberations shall |
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begin. |
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Rule 11. |
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Call of the Senate and Privileges of the Senate Floor. |
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(a) The court shall proceed as a court of impeachment as though |
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under a call of the Senate. While the court is in session, all |
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members of the court shall be in attendance in accordance with |
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the Texas Constitution and Section 665.026 of the Texas |
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Government Code. |
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(b) All members of the House Board of Managers shall be in |
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attendance on the Senate floor when the court of impeachment is |
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in open session. |
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(c) Members of the court, and their staff and legal counsel, and |
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members of the House Board of Managers may not utilize a wireless |
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mobile device while the court of impeachment is in session on the |
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Senate floor unless necessary for hearing assistance or |
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accessing electronic documents submitted into evidence. |
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(d) Each member of the court is entitled to one staff member on |
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the Senate floor outside of the rail while the court is in open |
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session. The presiding officer may have legal counsel on the |
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Senate floor while the court is in open session. |
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(e) Members of the court are allowed legal materials, court |
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transcripts and documents, and personal materials on the Senate |
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floor at their desk. Members of the court, and their staff and |
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legal counsel, and members of the House Board of Managers may |
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utilize electronic equipment on the Senate floor while the court |
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of impeachment is in session that does not have wireless |
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communication capabilities or where those wireless communication |
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capabilities are disabled. Members of the court may access |
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electronic documents submitted into evidence utilizing any |
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electronic device. Members of the court may keep a drinking |
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container with water on the Senate floor at their desk while the |
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court is in session. |
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(f) Members of the court may take brief personal breaks to the |
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member's lounge, where the proceedings will be broadcasted, |
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while the court is in session. |
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(g) As necessary when a witness is not testifying, members of the |
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court may move about the Senate floor while the court is in open |
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session to confer with staff and legal counsel, the presiding |
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officer, legal counsel to the presiding officer, or other members |
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of the court while maintaining strict decorum. |
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(h) Former members of the Texas Senate, members of the House of |
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Representatives that are not members of the House Board of |
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Managers, family privileges, and other guest floor privileges |
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are suspended during the proceedings of the court of impeachment. |
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Rule 12. |
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New Articles of Impeachment. The House of Representatives shall |
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not present to the Senate of the State of Texas any additional |
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articles of impeachment to those already presented prior to |
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thirty days within the commencement of the court of impeachment |
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trial. Any additional articles of impeachment to those already |
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presented brought within thirty days of commencement of the court |
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of impeachment trial shall be held in abeyance. If any additional |
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articles of impeachment to those already presented are received |
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by the Senate of the State of Texas in compliance with Rule 12, no |
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additional time shall be granted to the parties in accordance |
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with the time limitations stated in Rule 17. |
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Rule 13. |
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Authority and Duties of the Presiding Officer. |
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(a) The presiding officer of the court shall have power to make |
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and to issue, by himself or herself or by the clerk of the court, |
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all orders, mandates, writs, and process authorized by these |
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rules or by the court, and to make and to enforce such regulations |
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and orders in the Senate as the court may authorize or provide. |
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(b) All questions of evidence, including questions of relevancy, |
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materiality, or repetition of evidence, and all incidental |
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questions, shall be decided observing the established Texas |
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Rules of Evidence as nearly as applicable, as deemed necessary to |
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promote a timely and fair resolution of the articles of |
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impeachment. The presiding officer of the court shall rule on |
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each question, or at his or her option, shall submit the question |
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to a vote of the majority of the members present and eligible to |
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serve as jurors without debate or comment. |
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Rule 14. |
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(a) Legal Counsel for the Presiding Officer. In addition to legal |
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staff currently employed by the presiding officer of the Senate, |
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the presiding officer may select legal counsel licensed in the |
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State of Texas who is not a registered lobbyist in this State. |
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Legal counsel for the presiding officer may consult on matters |
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related to all rulings, orders, mandates, writs, questions of |
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evidence, and processes authorized by the rules of the court of |
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impeachment. The legal counsel selected must be knowledgeable |
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about the Texas Rules of Evidence. |
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(b) Legal Counsel for the Members of the Court. In addition to |
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legal staff currently employed by members of the court, the Texas |
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Senate Caucus may select legal counsel licensed in the State of |
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Texas who is not a registered lobbyist in this State. |
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Rule 15. |
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Motions of the Parties. |
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(a) All pre-trial motions made by the parties, or their counsel, |
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other than those referred to in Rule 13(b), are to be submitted in |
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writing to the clerk of the court and addressed to the presiding |
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officer no later than August 5, 2023. All answers shall be filed |
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by the opposing party no later than August 15, 2023. The clerk of |
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the court shall prepare copies of all motions and answers and |
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distribute to members of the court by August 16, 2023. The Senate |
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Special Committee on Rules & Procedures for Court of Impeachment |
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shall review all pre-trial motions and answers and shall prepare |
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a report with recommendations for each motion no later than |
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August 28, 2023. The Senate Special Committee on Rules & |
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Procedures for Court of Impeachment shall provide written copies |
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of the report to members of the court by August 29, 2023. The |
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reports of the Senate Special Committee on Rules & Procedures for |
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Court of Impeachment are otherwise confidential. |
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(b) Except for motions that if granted could result in the |
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dismissal of any article or articles of impeachment, the rulings |
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shall be made by the presiding officer of the Senate sitting as |
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the presiding officer of the court of impeachment at the |
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commencement of the trial prior to opening statements. The |
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presiding officer may, at his or her option, submit the question |
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on any motion to a vote of the majority of members of the court |
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present and eligible to serve as jurors without debate or |
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comment. If the granting of a motion could result in the |
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dismissal of any article or articles of impeachment, it shall be |
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submitted prior to the beginning of an opening statement to a |
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vote of the majority of the members present and eligible to serve |
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as jurors without debate or comment, after members of the court |
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consider all written motions and answers by the parties and the |
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report of recommendations prepared by the Senate Special |
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Committee on Rules & Procedures for Court of Impeachment. |
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(c) If necessary, the presiding officer may defer the ruling on a |
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motion until the conclusion of all evidence, if it is deemed any |
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evidence is necessary for a ruling on the motion. If the motion is |
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deferred, the presiding officer of the Senate, sitting as the |
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presiding officer of the court, shall rule on the motion at the |
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conclusion of all evidence, or at his option, after the |
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conclusion of all evidence, submit the question to a vote of a |
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majority of the members of the court present and eligible to |
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serve as jurors without debate or comment. If the granting of a |
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motion could result in the dismissal of any article or articles |
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of impeachment, it shall be submitted to a vote of the majority of |
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the members present and eligible to serve as jurors without |
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debate or comment, after members of the court consider all |
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written motions and answers by the parties and the report of |
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recommendations prepared by the Senate Special Committee on |
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Rules & Procedures for Court of Impeachment. A majority of the |
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members of the court present and eligible to serve as jurors may |
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defer the ruling on a motion until the conclusion of all |
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evidence, if it is deemed any evidence is necessary for a ruling |
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on the motion. |
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(d) All other motions that may be filed during the course of the |
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trial, other than those referred to in Rule 13(b) shall be filed |
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in writing and presented to the presiding officer of the court. |
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The presiding officer of the court shall rule on each question, |
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or at his or her option, shall submit the question to a vote of |
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the majority of the members present and eligible to serve as |
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jurors without debate or comment. If the granting of a motion |
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could result in the dismissal of any article or articles of |
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impeachment, it shall be submitted to a vote of the majority of |
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the members present and eligible to serve as jurors without |
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debate or comment, after members of the court consider all |
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written motions and answers by the parties and the report of |
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recommendations prepared by the Senate Special Committee on |
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Rules & Procedures for Court of Impeachment. |
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(e) The above dates in Rule 15 are subject to change at the |
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discretion of the presiding officer of the Senate, if the start |
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date of the trial is amended. |
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(f) All motions and answers shall be submitted to the clerk of |
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the court and must be created in 12-point, Times New Roman font, |
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double-spaced, and on letter size paper. All motions and answers |
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submitted must maintain a minimum one-inch margin on all sides. |
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All motions and answers submitted shall not exceed ten pages in |
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length. |
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Rule 16. |
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Decisions of Court. Except as provided otherwise in these rules, |
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all questions to the court are to be decided on the vote of a |
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majority of the members present and eligible to serve as jurors |
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without debate or comment. |
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Rule 17. |
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Time Limitations. It is the intent of the Senate of the State of |
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Texas to conduct a fair and respectful trial. The Senate will not |
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tolerate unnecessary delays, outbursts, or side-bar remarks. The |
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decorum rules of the Senate Chamber will be respected at all |
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times. Prolonged, repetitive, or unnecessary questioning or |
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posturing will not be allowed. The presiding officer will |
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strictly and routinely enforce Rule 611 in the Texas Rules of |
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Evidence. The presiding officer shall exercise reasonable |
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control over the time, mode, and order of the examination of |
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witnesses and the presentation of evidence so as to: |
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(1) make those procedures effective for determining the |
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truth; |
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(2) avoid wasting time; and |
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(3) protect witnesses from harassment or undue |
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embarrassment. |
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To that end, the following time limits and rules are to be in |
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effect for the court of impeachment, subject to extension by the |
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presiding officer of the court in the interest of justice: |
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(1) Opening statements: 60 minutes per side; |
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(2) Total hours for presentation of evidence: 24 hours for |
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each party; |
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(3) Cross-examination of witnesses shall be closely |
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monitored for violations of Rule 611 in the Texas Rules of |
|
|
Evidence; |
| |
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|
(4) Only one person per side can question a witness and |
|
|
only one person per side may cross-examine a witness; |
| |
|
|
(5) Rebuttal evidence: 60 minutes per side; |
| |
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|
(6) Final argument: 60 minutes per side; and |
| |
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|
(7) If there is a conviction: 15 minutes per side on the |
|
|
issue of disqualification to hold future office. |
|
|
Rule 18. |
| |
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|
Preparations and Proceedings. The presiding officer of the Senate |
|
|
shall direct all necessary preparations in the Senate Chamber, |
|
|
and the presiding officer of the court, shall direct all forms of |
|
|
proceedings, and all forms during the trial of impeachment not |
|
|
otherwise provided for. |
| |
|
|
Rule 19. |
| |
|
|
Administration of Oaths. |
| |
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|
(a) The following oath is to be administered by the chief justice |
|
|
of the Supreme Court of Texas or the presiding judge of the |
|
|
Criminal Court of Appeals of Texas to the presiding officer of |
|
|
the court: |
| |
|
|
"I do solemnly swear or affirm that I will impartially try Warren |
|
|
Kenneth Paxton, Jr., Attorney General of Texas, upon the |
|
|
impeachment charges submitted by the House of Representatives, |
|
|
so help me God." |
| |
|
|
(b) The following oath is to be administered by the presiding |
|
|
officer of the court to each member of the Senate that is eligible |
|
|
to serve as a juror of the court: |
| |
|
|
"I do solemnly swear or affirm that I will impartially try Warren |
|
|
Kenneth Paxton, Jr., Attorney General of Texas, upon the |
|
|
impeachment charges submitted to me by the House of |
|
|
Representatives and a true verdict render according to the law, |
|
|
and the evidence, so help me God." |
| |
|
|
(c) The following oath is to be administered by the presiding |
|
|
officer, or the clerk of the court at the direction of the |
|
|
presiding officer, to each person employed by the court to |
|
|
interpret or translate for a witness appearing in the impeachment |
|
|
proceedings: |
| |
|
|
"I do solemnly swear or affirm that I will correctly interpret |
|
|
and translate for proceedings on the trial of Warren Kenneth |
|
|
Paxton, Jr., on impeachment, so help me God." |
| |
|
|
(d) The following oath is to be administered by the presiding |
|
|
officer, or the clerk of the court at the direction of the |
|
|
presiding officer, to each person employed by the court to |
|
|
transcribe or report the impeachment proceedings: |
| |
|
|
"I do solemnly swear or affirm that I will correctly transcribe |
|
|
and report all of the proceedings on the trial of Warren Kenneth |
|
|
Paxton, Jr., on impeachment, so help me God." |
| |
|
|
Rule 20. |
| |
|
|
Votes. |
| |
|
|
(a) No member of the court that is eligible to serve as a juror |
|
|
may vote or have a vote recorded on any question unless present on |
|
|
the Senate floor at the time such vote is taken. No member may be |
|
|
paired or vote by proxy. All votes by members of the court shall |
|
|
be a yea or nay. |
| |
|
|
(b) For any motion, that if wholly or partially granted, would |
|
|
result in dismissal of any article or articles of impeachment, |
|
|
the votes shall be taken in the following manner: Each member of |
|
|
the court shall be provided a voting form and shall submit a |
|
|
written vote on the motion to the clerk of the court to be entered |
|
|
in the record. Immediately after collection of the written votes |
|
|
by the bailiff, the clerk of the court shall randomly select one |
|
|
written ballot at a time and call the member of the court's name |
|
|
and the vote that the member of the court recorded. At the |
|
|
conclusion of reading all members of the court's votes, the clerk |
|
|
of the court shall announce the vote tally and then the presiding |
|
|
officer shall poll the members of the court. As each member of the |
|
|
court's name is called by the presiding officer, he or she shall |
|
|
rise in his or her place and answer yea or nay. |
| |
|
|
Rule 21. |
| |
|
|
Witnesses. |
| |
|
|
(a) Each person appearing as a witness in the impeachment |
|
|
proceeding shall be administered an oath. The presiding officer |
|
|
of the court shall administer the following oath: |
| |
|
|
"I do solemnly swear or affirm that the evidence I give upon this |
|
|
hearing by the Senate of Texas of impeachment charges against |
|
|
Warren Kenneth Paxton, Jr., shall be the truth, the whole truth, |
|
|
and nothing but the truth, so help me God." |
| |
|
|
(b) Witnesses may be examined by only one person on behalf of the |
|
|
party calling them and cross-examined by only one person on |
|
|
behalf of the other party. |
| |
|
|
(c) For purposes of this court of impeachment, witness |
|
|
depositions shall not be taken by either party of any potential |
|
|
witness. Evidence in the form of a deposition is not admissible, |
|
|
unless the deposition was taken in a prior proceeding, is |
|
|
authenticated, and is used solely for impeachment purposes under |
|
|
Rule 613 of the Texas Rules of Evidence. |
| |
|
|
(d) No member of the court or the presiding officer of the court may |
|
|
be called or volunteer as a witness unless the evidence to be |
|
|
elicited is relevant, material, compelling, and not otherwise |
|
|
provable. A party seeking to call a member of the court or the |
|
|
presiding officer as a witness must provide notice as required |
|
|
under Rule 5(e) unless the testimony is requested during the |
|
|
rebuttal period, but in any event must prepare a written proffer of |
|
|
evidence and testimony to be elicited. Such written proffer must |
|
|
explain why the evidence is not otherwise provable. The presiding |
|
|
officer shall rule on the request to call a member of the court. If |
|
|
the proffer is for the presiding officer to be a witness, the Senate |
|
|
Special Committee on Rules & Procedures for Court of Impeachment |
|
|
shall prepare a report with recommendations that shall be presented |
|
|
to members of the court. Upon review of the report, the question |
|
|
shall be submitted to a vote of the majority of the members present |
|
|
and eligible to serve as jurors without comment or debate. |
| |
|
|
(e) At any time, the parties, may by agreement proffer the |
|
|
testimony of a member of the court or the presiding officer. Such |
|
|
proffer is not admissible unless the member of the court or the |
|
|
presiding officer who is the subject of the proffer, voluntarily |
|
|
signs the proffer. |
| |
|
|
(f) A member of the court who is called as a witness, or whose |
|
|
testimony is provided by proffer, is not subject to removal or |
|
|
recusal from the court of impeachment by any party by virtue of |
|
|
the fact that they are a witness. |
| |
|
|
(g) In preparation for trial, parties may contact potential |
|
|
witnesses. If a potential witness voluntarily agrees, a party may |
|
|
speak to a witness. |
| |
|
|
(h) If the presiding officer determines that a request by a party |
|
|
under Rule 21(d) is frivolous, it shall subject the moving party |
|
|
to contempt proceedings. |
| |
|
|
Rule 22. |
| |
|
|
Service of Subpoenas. The presiding officer is authorized on the |
|
|
request of one of the parties or their counsel to issue subpoenas |
|
|
compelling persons to attend or to produce writings or other items |
|
|
before the court. Subpoenas shall be promptly served by the |
|
|
bailiff, or licensed peace officers in the State of Texas on behalf |
|
|
of the bailiff. Subpoenas are to be served in-person or by |
|
|
certified or registered mail, but where it is impractical to secure |
|
|
service in such manner, subpoenas may be served by leaving a true |
|
|
copy at the usual place of business of the person to be served, by |
|
|
delivering a true copy to anyone over sixteen years of age at the |
|
|
person's usual place of residence, or in any other manner which will |
|
|
be reasonably effective to give the person notice. |
| |
|
|
Rule 23. |
| |
|
|
Form of Subpoena. |
| |
|
|
SENATE OF TEXAS |
|
|
COURT OF IMPEACHMENT |
|
|
TO THE BAILIFF OF THE COURT OF IMPEACHMENT OR ANY PEACE OFFICER OF |
|
|
THE STATE OF TEXAS |
|
|
GREETING: |
| |
|
|
You are hereby commanded to summon |
|
|
______________________________________________________________ |
|
|
_____________________________________________________________ |
|
|
to appear in person before the SENATE OF TEXAS sitting as a COURT |
|
|
OF IMPEACHMENT which will meet at the SENATE CHAMBER in the |
|
|
CAPITOL BUILDING in AUSTIN, TEXAS, on the ___ day of |
|
|
_____________, 2023, at _____, then and there to testify and the |
|
|
truth to speak on behalf of ______________________ in the cause |
|
|
which is before the Court, in which the House of Representatives |
|
|
has impeached Warren Kenneth Paxton, Jr., and there to remain |
|
|
from day to day until discharged by the Court. |
|
|
Said witness is further commanded to produce at the said time and |
|
|
place the following books, papers, documents or other tangible |
|
|
things as described below: |
|
|
______________________________________________________________ |
|
|
________________________. Herein fail not, but have you this |
|
|
writ in due time before the Court with your return thereon, |
|
|
showing how you have executed the same. Issued and given under my |
|
|
hand this ____ day of ______________, 2023. |
| |
|
|
________________________________ |
|
|
Dan Patrick |
| |
|
|
President of the Senate and |
| |
|
|
Presiding Officer of the Court of Impeachment |
| |
|
|
________________________________ |
|
|
Clerk of the Court |
| |
|
|
OFFICER'S RETURN ON SUBPOENA |
| |
|
|
Came to hand on the ___ day of __________, 2023, at _____, and |
|
|
executed on the ___ day of ____________, 2023, at ______, by |
|
|
delivering a true copy of this subpoena to |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
____________________________ the within named witness, at |
|
|
______________________________________________________ in |
|
|
____________ County, Texas. |
| |
|
|
____________________________ |
|
|
Bailiff or any Peace Officer of the State of Texas |
| |
|
|
Rule 24. |
| |
|
|
The Rule. |
| |
|
|
(a) Witnesses who are present at trial are to be sworn and placed in |
|
|
the custody of the bailiff and removed from the Senate Chamber to a |
|
|
place where they cannot hear the testimony of other witnesses. This |
|
|
is termed placing witnesses under the Rule. If they are not reached |
|
|
to testify on that day, they will be excused until the next court |
|
|
date and shall be admonished on the Rule. All witnesses listed |
|
|
under Rule 5(e), shall be instructed of Rule 24 prior to |
|
|
commencement of the court of impeachment trial. |
| |
|
|
(b) Members of the court, the presiding officer of the court, |
|
|
parties, and their counsel are excused from the Rule. The court by |
|
|
vote of the majority of members present and eligible to serve as |
|
|
jurors without debate or comment may excuse other witnesses from |
|
|
the Rule. |
| |
|
|
(c) No witness under the Rule may be allowed to hear any testimony |
|
|
of other witnesses. |
| |
|
|
(d) Witnesses under the Rule must be instructed by the presiding |
|
|
officer that they are not to converse with each other or with any |
|
|
other person, except counsel for the parties concerning the |
|
|
proceedings before the court, and are not to read any report, watch |
|
|
any livestream or broadcast of the proceedings, including news |
|
|
reports or social media of, or comment on testimony before the |
|
|
court. A witness violating such instructions may be punished for |
|
|
contempt. |
| |
|
|
Rule 25. |
| |
|
|
Burden of Proof. The burden of proof is beyond a reasonable doubt |
|
|
and is put upon the House Board of Managers who are entitled to open |
|
|
and conclude the presentation of evidence and argument in the case. |
| |
|
|
Rule 26. |
| |
|
|
Orders and Decisions of the Court. All orders and decisions of the |
|
|
court shall be made and had by yeas and nays, which shall be entered |
|
|
on the record, and without debate or comment, except when the doors |
|
|
shall be closed for deliberation. |
| |
|
|
Rule 27. |
| |
|
|
Court Deliberation After Final Argument. After conclusion of |
|
|
argument, the court shall deliberate on the articles of |
|
|
impeachment. The deliberation is in closed session. Before |
|
|
deliberation commences, the presiding officer shall read the |
|
|
following to members of the court: |
| |
|
|
"Sustaining an article of impeachment means that the impeached |
|
|
officer is removed from office for the term the officer was last |
|
|
elected. You are instructed that the rules adopted by the court of |
|
|
impeachment establish that the burden of proof rests on the House |
|
|
Board of Managers to prove an article of impeachment beyond a |
|
|
reasonable doubt. You are to determine if the allegation in each |
|
|
article presented to you has been proven beyond a reasonable doubt, |
|
|
and if so, shall the article of impeachment be sustained which |
|
|
would result in removal of office. The final question to be put to |
|
|
you after each article is: "Shall this article of impeachment be |
|
|
sustained?" |
| |
|
|
Rule 28. |
| |
|
|
Submission of the Final Question. An article of impeachment is not |
|
|
divisible. Voting occurs separately on each article. After an |
|
|
article has been read, the final question is put: "Shall this |
|
|
article of impeachment be sustained?", and each member of the court |
|
|
shall be provided a voting form and shall submit a written vote on |
|
|
the article of impeachment to the clerk of the court to be entered |
|
|
in the record. Immediately after collection of the written votes by |
|
|
the bailiff, the clerk of the court shall randomly select one |
|
|
written ballot at a time and call the member of the court's name and |
|
|
the vote that the member of the court recorded. At the conclusion of |
|
|
reading all members of the court's votes, the clerk of the court |
|
|
shall announce the vote tally and then the presiding officer shall |
|
|
poll the members of the court. As each member of the court's name is |
|
|
called by the presiding officer, he or she shall rise in his or her |
|
|
place and answer yea or nay. If an article of impeachment is not |
|
|
sustained by the votes of the members of the court present, a |
|
|
finding of acquittal is entered as to that article. If an article of |
|
|
impeachment is sustained by the votes of two-thirds of the members |
|
|
present, a finding of conviction is entered as to that article. The |
|
|
vote by which an article of impeachment is sustained or rejected |
|
|
shall not be reconsidered. |
| |
|
|
Rule 29. |
| |
|
|
Judgment of Acquittal. If no article of impeachment is sustained, a |
|
|
judgment of acquittal is entered. The presiding officer of the |
|
|
court shall prepare a final judgment disposing of all issues in |
|
|
accordance with the decisions of the court. The judgment is entered |
|
|
in the record of the court and a certified copy is deposited in the |
|
|
office of the Texas Secretary of State. |
| |
|
|
Rule 30. |
| |
|
|
Judgment of Conviction. |
| |
|
|
(a) If any article of impeachment is sustained, the presiding |
|
|
officer of the court shall prepare a final judgment disposing of |
|
|
all issues in accordance with the decisions of the court. Upon |
|
|
motion by the House Board of Managers to extend the judgment to |
|
|
include disqualification from holding any office of honor, trust, |
|
|
or profit under this State, counsel for each party may present |
|
|
arguments. Upon conclusion of the arguments, the question is put: |
|
|
"Shall judgment extend to disqualification from holding any office |
|
|
of honor, trust, or profit under this State?", and each member of |
|
|
the court, as his or her name is called, shall rise in his or her |
|
|
place and answer yea or nay, which vote shall be entered on the |
|
|
record. The motion shall be adopted if approved by two-thirds of |
|
|
the members of the court present. Upon pronouncement of judgment by |
|
|
the court, a certified copy of the judgment is to be deposited in |
|
|
the office of the Texas Secretary of State. The judgment must |
|
|
extend to removal from office and may extend to disqualification |
|
|
from holding any office of honor, trust, or profit under this |
|
|
State. |
| |
|
|
(b) Upon final judgment of either acquittal or conviction of |
|
|
Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XV, XVI, XVII, |
|
|
XVIII, XIX, and XX, any member of the court may make a motion for |
|
|
dismissal of the remaining articles of impeachment held in |
|
|
abeyance. The motion shall be adopted only if approved by a |
|
|
majority of the members of the court present. If adopted, a |
|
|
dismissal in this context does not constitute an acquittal of any |
|
|
charge contained in the articles of impeachment but would |
|
|
constitute a final decision by the Senate on the articles of |
|
|
impeachment and the impeachment would no longer be pending for |
|
|
purposes of Article 15, Section 5, of the Texas Constitution and |
|
|
the court of impeachment would dissolve upon further motion to |
|
|
adjourn sine die. If it is not adopted, the date for further |
|
|
proceedings shall then be set by the presiding officer for a time |
|
|
certain in the future. |
| |
|
|
Rule 31. |
| |
|
|
Conflict. A member of the court who is the spouse of a party to the |
|
|
court of impeachment is considered to have a conflict pursuant to |
|
|
Article III, Section 22, of the Texas Constitution. Such member of |
|
|
the court shall be seated in the court of impeachment pursuant to |
|
|
Article 15 of the Texas Constitution. However, such member of the |
|
|
court shall not be eligible to vote on any matter, motion, or |
|
|
question, or participate in closed sessions or deliberations. |
| |
|
|
Notwithstanding any other rule, a member of the court who is the |
|
|
spouse of a party to the court of impeachment shall be considered |
|
|
present and eligible only for the purpose of calculating the number |
|
|
of votes required for any and all matters, motions, and questions |
|
|
under these rules. |
|
|
|
| |
|
|
|
_______________________________ |
|
|
|
President of the Senate |
|
|
|
|
|
|
|
I hereby certify that the |
|
|
|
above Resolution was adopted by |
|
|
|
the Senate on June 21, 2023, by the |
|
|
following vote: Yeas 25, Nays 3. |
|
|
|
|
|
|
|
|
|
|
|
_______________________________ |
|
|
|
Secretary of the Senate |