Prosecutors’ appeal accepted in Ken Paxton criminal case

3:17 p.m Wednesday, Dec. 20, 2017 Texas News & Politics
Texas Attorney General Ken Paxton speaks with one of his attorneys during a pretrial hearing in 2015. (Jae S. Lee/The Dallas Morning News)

In a ruling that keeps alive, at least for now, the criminal prosecution against Texas Attorney General Ken Paxton, the state’s highest criminal court announced Wednesday that it will determine whether the prosecutors in the case can be paid $300 an hour for their work.

Unpaid since January 2016, the three 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.

Wednesday’s decision, announced without comment, means the Court of Criminal Appeals will review 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.

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