hy paul!
THE SENATE OF THE STATE OF TEXAS
SITTING AS A HIGH COURT OF IMPEACHMENT Uj. 5 223
IN THE MATTER OF § CLERK OF THE COURT
WARREN KENNETH §
PAXTON, JR. §
HOUSE MANAGERS’ MOTION TO CLARIFY CERTAIN SENATE RULES
GOVERNING THE IMPEACHMENT TRIAL OF WARREN KENNETH PAXTON JR.
To the Honorable Dan Patrick:
The Texas House of Representatives Board of Managers (“House Managers”) file this
‘motion seeking clarification of certain rules contained in Senate Resolution No. 35 (“the Senate
Rules”) governing the impeachment of Warren Kenneth Paxton Jr. (“Paxton”), Attorney General
of the State of Texas, and would show the following:
A. Time Limitations at Trial
Rule 17 of the Senate Rules provides each side a total of 24 hours for “presentation of
evidence” and an additional 60 minutes for “rebuttal evidence.” Rule 5 further provides that these
“shall be monitored by the clerk of the court during all the proceedings of the court.” Additional
guidance is needed both for the parties as well as the Clerk of Court who will be monitoring the
time, per Rule 5.
First, the House Managers seek confirmation that only the time spent on direct examination
of a witness shall count against the 24-hour time limit for presentation of evidence. Or, at a
minimum, the House Managers seek clarification that the time spent by an opposing party on cross
examination will be counted only against the party conducting the cross examination,
Second, the Senate Rules reflect a desire to avoid potential “unnecessary delays” and
charge the Presiding Officer to maintain “control” over the time to “avoid wasting time” and to
“closely monitor” for violations of Rule 611. The House Managers seek confirmation that time
1spent on objections, motions, responses thereto, and responding to any inquiry by the Presiding
Officer, will not count as time spent presenting evidence.
‘The House Managers propose the following clarifications to Rule 17:
* Only time spent on direct examination of a witness shall count against the 24-
hour time limit for presentation of evidence, or at a minimum, time spent
questioning a witness presented is counted only against the party conducting
the questioning,
* Any objections or motions, including points of order or parliamentary inquiries,
responses thereto, deliberation of these matters, or inquiries by the Presiding
Officer or responses thereto, whether done pretrial or during the trial are not
considered “presentation of evidence” under Rule 17.
B. Pre-Trial Exchange of Exhibits
The Senate Rules do not contemplate the pretrial exchange of exhibits. To prevent
unnecessary delay during the trial, the House Managers propose that counsel for each party
assemble all documents, photographs, or other materials expected to be used at trial and exchange
such materials with opposing counsel by August 22, 2023.! This rule does not apply to
demonstrative evidence, rebuttal exhibits, or those the use of which cannot be anticipated. Counsel
requiring authentication of an exhibit shall notify opposing counsel in writing by September 1,
2023.
C. House Members’ Use of Wireless Mobile Devices
Senate Rule 11(c) prohibits the House Managers, but not Paxton or his counsel, from
utilizing a wireless mobile device while on the floor. Importantly, the House Managers serve dual
roles of both client and prosecutor. To fully perform their jobs as prosecutors, the House Managers
will need to access personal electronic devices. As with legal counsel, this will permit them to
conduct research, review legal authorities and documents, and gather essential data that may be
' Paxton previously filed a motion proposing that the parties exchange exhibits on August 22, 2023.
2used at trial. Moreover, the lack of access to electronic devices will inhibit the House Managers’
ability to communicate with their legal counsel during trial. This will interfere with counsel’s
ability to fully represent the House Managers. The July 17, 2023 Gag Order addresses any
concerns about the potential for abuse that could result from having access to wireless devices.
‘Thus, the House Managers seek permission to use wireless mobile devices on the floor.
Accordingly, the House Managers respectfully request that the Senate clarify the Senate
Rules as set forth herein.
Respectfully submitted,
Rusty Hardin
State Bar No. 08972800
Lara Hudgins Hollingsworth
State Bar No. 00796790
Jennifer Brevorka
State Bar No. 24082727
Daniel Dutko
State Bar No. 24054206
Leah M. Graham
State Bar No. 24073454
Armstead Lewis
State Bar No. 24102089
Aisha Dennis
State Bar No. 24128655
Rusty Harbin & Associates, LLP
1401 McKinney Street, Suite 2250
Houston, Texas 77010
Telephone: (713) 652-9000
Facsimile: (713) 652-9800
rhardin@rustyhardin,com
[email protected][email protected]
ddutko@rusthardin,com
[email protected]
alewis(@rustyhardin,com
[email protected]and
DL xs
Dick DeGuerin
State Bar No. 05638000
DEGUERIN AND DICKSON
1018 Preston
Houston, Texas 77002
Telephone: 713-223-5959
[email protected]
and
LO. roblh.
Harriet O’Neill
State Bar No, 00000027
LAW OFFICE OF HARRIET O°NEILL, PC
919 Congress Ave., Suite 1400
Austin, Texas. 78701
[email protected]
and
Erin M. Epley
State Bar No. 24061389
EpLey LAW FIRM
[email protected]
and
Mark E. Donnelly
State Bar No. 24032134
PARKER, SANCHEZ, & DONNELLY, PLLC
700 Louisiana, Suite 2700
Houston, TX 77002
[email protected]and
Donna Cameron
State Bar No. 03675050
and
Terese Buess
State Bar No. 03316875
[email protected]
and
Ross Garber
D.C. Bar No. 438838
‘Tue GaRBER Group LLC
1300 I Street, N.W.
Suite 400E
Washington, D.C., 20005
[email protected]
and
Lisa Bowlin Hobbs
State Bar No. 24026905
KUHN Hops PLLC
3307 Northland Drive, Suite 310
Austin, TX 78731
[email protected](CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing was served on the following counsel
for Paxton on August 5, 2023:
Judd E. Stone II ([email protected])
Christopher D. Hilton ([email protected])
Allison M. Collins ([email protected])
Amy S. Hilton ([email protected])
Kateland R. Jackson (kateland [email protected])
Joseph N. Mazzara ([email protected])
Dan Cogdell (dan@)cogdell-law.com)
Tony Buzbee ([email protected])
Lara Hudgins Hollingsworth