Brent Webster

Main article: Attempts to overturn the 2020 United States presidential election

In late 2020, Webster took part in Paxton's effort to try to overturn the results of the November 2020 presidential election, in which Joe Biden defeated Donald Trump. ^{[4] [7]} In December 2020, Webster filed a case on behalf of the state ( Texas v. Pennsylvania ) that sought to overturn the election results in four states won by Biden, thus overturning Trump's election loss and keeping him in power. ^{[7] [4]} Texas's complaint contained many debunked claims of voter fraud that had already been rejected by many other courts. ^[4]

Proceedings against Webster for professional misconduct

The State Bar of Texas subsequently investigated and brought a disciplinary case against Webster. ^{[7] [8]} In January 2022, the Commission for Lawyer Discipline held a hearing, at which Webster refused to appear. ^[8] In May 2022, following its investigation, the Commission determined that Webster violated the state's Rules of Professional Conduct for attorneys "by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation"; ^[7] and identified six key misrepresentations that Webster had made in the Texas v. Pennsylvania filings before the Supreme Court. ^[8]

After the Commission made adverse findings against him, Webster chose to file an appeal in court rather accept sanctions proposed by the panel. ^[8] In September 2022, Judge John Youngblood, a Milam County judge assigned to the case in Williamson County court, dismissed the case against Webster, ruling that "the separation-of-powers doctrine deprives this Court of subject-matter jurisdiction" because the State Bar (part of the judicial branch) would sanction the attorney general's office (part of the executive branch). ^{[7] [9]} Youngblood's ruling was reversed by the Texas Eighth Court of Appeals in El Paso, which ruled in June 2022 that lawyers for the state are not immune from the rules of professional conduct governing lawyers. ^[8] The court wrote that "Immunizing Webster from professional-misconduct proceedings in no way furthers the rationale for sovereign immunity" and that Webster's argument, if accepted, would make the public "powerless to deter misconduct." ^[8]

Three-day tenure as acting attorney general

Webster began performing the duties of state attorney general after the Texas House of Representatives impeached Paxton on May 27, 2023, automatically suspending Paxton from exercising the powers of the office pending his trial in the Texas Senate. ^{[10] [lower-alpha 1]}

On May 31, Governor Greg Abbott appointed lawyer and lobbyist John B. Scott as interim attorney general for the remainder of Paxton's suspension. Scott was Texas Secretary of State from October 2021 to December 2022, and briefly was an attorney for former President Trump. ^[10]

Brent Webster
Attorney General of Texas
Acting May 27, 2023 –May 31, 2023 Served during Ken Paxton's suspension

Texas Court of Criminal Appeals, Place 5, Republican Primary, 2016 ^[11]

Party		Candidate	Votes	%
	Republican	Scott Walker	833,757	41.48
	Republican	Brent Webster	411,119	20.45
	Republican	Steve Smith	393,992	19.60
	Republican	Sid Harle	371,303	18.47
Total votes			2,010,171	100.0

Texas Court of Criminal Appeals, Place 5, Republican Primary runoff, 2016

Party		Candidate	Votes	%
	Republican	Scott Walker	206,922	58.02
	Republican	Brent Webster	149,714	41.98
Total votes			356,636	100.0

Notes

1. Under Texas law, if the state attorney general is "absent or unable to act" the First Assistant Attorney General becomes acting attorney general until the governor appoints an interim replacement. ^{[4] [1]}

References

1. Alexa Ura, Lawyer currently leading Texas attorney general's office has been swept up in Ken Paxton's legal challenges, Texas Tribune (May 29, 2023).
2. McGaughy, Lauren; Morris, Allie (May 28, 2023). "Texas Attorney General Ken Paxton's deputy steps up after impeachment vote, memo shows". The Dallas Morning News . Retrieved May 28, 2023.
3. Glas, Brittany (May 31, 2017). "Criminals gain from delayed asset forfeiture cases in Williamson County". Austin, Tex.: KXAN. Retrieved May 31, 2023.
4. Taylor Goldenstein, What to know about interim Texas Attorney General Brent Webster, Ken Paxton's temporary replacement, Houston Chronicle (May 30, 2023).
5. Johnson, Brad (October 5, 2020). "Paxton Taps Brent Webster as New First Assistant Attorney General". The Texan. Retrieved May 28, 2023.
6. "Ex-top aide to Texas AG: 'Shocked; at his legal intervention". Associated Press. October 23, 2020. Retrieved May 29, 2023.
7. James Barragán, Judge dismisses attempt to discipline Texas AG Ken Paxton's top aide for trying to overturn the 2020 election, (September 20, 2022).
8. Stephen Paulsen, Top Texas official not immune from discipline in 2020 election subversion, Courthouse News Service (July 14, 2023).
9. Bleiberg, Jake (September 20, 2022). "Judge dismisses disciplinary case against Texas AG's deputy". Associated Press. Retrieved May 28, 2023.
10. Zach Despart & Robert Downen, Abbott taps John Scott, former Texas secretary of state, as interim attorney general, Texas Tribune (May 31, 2023).
11. "Brent Webster". Ballotpedia . Retrieved May 29, 2023.

Legal offices
Preceded by Ken Paxton	Attorney General of Texas Acting 2023	Succeeded by John Scott Interim