AUSTIN, Texas _ Raising questions about the continued prosecution of Texas Attorney General Ken Paxton on securities fraud charges, the state's highest criminal court on Wednesday upheld a ruling that blocked Collin County payments to prosecutors.
Unpaid since January 2016, the three appointed prosecutors have said they will step aside if denied the payments, potentially putting at risk the case against Paxton, who is accused of securities fraud and failing to register with state regulators in private business deals in 2011 and 2012.
If prosecutors step aside, it appears state District Judge Robert Johnson will have to find replacements _ either from a willing district attorney outside Collin County or from private lawyers willing to work for a relatively small sum.
Paxton's trial on the failing to register charge has been repeatedly delayed, and action on his case has stopped since the Court of Criminal Appeals agreed in December to rule on the prosecutor pay issue.
Wednesday's decision means the Court of Criminal Appeals will let stand an August opinion by the Dallas-based 5th Court of Appeals, which said state law and local rules limit payments to a pre-established amount for appointed defense lawyers or prosecutors.
In Paxton's case, pay would be limited to $1,000 per prosecutor for pretrial work, instead of $300 an hour as negotiated with a Collin County district judge who appointed them.
The 5th Court's ruling voided an invoice for $205,191 for work done in 2016 by the three prosecutors _ a bill for 2017 work has not been submitted _ and the prosecutors said they will be forced to withdraw from the case if the money is withheld.
Collin County commissioners had challenged the fees as excessive, but the ruling did not affect $242,025 Collin County paid for work done in 2015, although county commissioners have said they might take legal action to force prosecutors to repay most of that money.
