Texas Attorney General Ken Paxton (Photo by Chip Somodevilla/Getty Images)
I don’t know if you’re one of those people who get super clear visuals in their mind when you hear a story — but if so, hooboy, you’re going to enjoy this one.
Yesterday, a process server tried to serve a subpoena to Texas Attorney General Ken Paxton in a case brought by a nonprofit that seeks to financially assist women seeking abortions out of state. And though that’s a particularly controversial issue in Texas, you’d think that was a fairly straightforward interaction for the state’s top attorney.
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Well, you’d be wrong.
As reported by the Texas Tribune, when the process server, Ernesto Martin Herrera, tried to serve the paperwork, all sorts of shenanigans ensued.
In a sworn affidavit, Herrera reports he first approached the Paxton home and told his wife that he had court documents for the attorney general. Herrera was told Paxton was on the phone and was unable to come to the door, and Herrera said he’d wait for the attorney general. After almost an hour, a black Chevrolet Tahoe pulled into the driveway. 20 minutes later, Paxton exited the home via the garage.
And that’s where stuff gets interesting.
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“I walked up the driveway approaching Mr. Paxton and called him by his name. As soon as he saw me and heard me call his name out, he turned around and RAN back inside the house through the same door in the garage,” Herrera wrote in the sworn affidavit.
Angela Paxton then exited the house, got inside a Chevrolet truck in the driveway, started it and opened the doors.
“A few minutes later I saw Mr. Paxton RAN from the door inside the garage towards the rear door behind the driver side,” Herrera wrote. “I approached the truck, and loudly called him by his name and stated that I had court documents for him. Mr. Paxton ignored me and kept heading for the truck.”
Herrera eventually placed the subpoenas on the ground near the truck and told him he was serving him with a subpoena. Both cars drove away, leaving the documents on the ground.
But once folks started to learn of this report of Paxton running away from court documents, well he had to come up with some justification for his behavior.
It’s clear that the media wants to drum up another controversy involving my work as Attorney General, so they’re attacking me for having the audacity to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family.
— Attorney General Ken Paxton (@KenPaxtonTX) September 27, 2022
But this excuse doesn’t really hold much water — unless of course, Paxton is admitting he used his wife as bait in this supposedly dangerous situation.
Paxton said he feared for his safety… from a process server… but he actually had his wife go out, start the car, and move it so he could get away. So… his story is… A LAWYER was so afraid of a process server he used his wife as bait. https://t.co/i43AEXNReW
— Elie Mystal (@ElieNYC) September 27, 2022
Also, the filing make clear the process server repeatedly described themselves as such. Paxton is a lawyer — he knows an identified process server isn’t a harbinger of doom, just a harbinger of court documents. And a necessary part of the legal system.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).