According to the Austin-American Statesman, which broke the news of the potential deal, prosecutors would dismiss the felony charges Paxton faces if he complied with the conditions.
These could include Paxton being required to complete community service and advanced education classes and avoid violating any laws for an unspecified period. The agreement may also include restitution, which has been estimated to range from $300,000 to $400,000 among other terms. However, it would not interfere with Paxton’s law license status.
Paxton has pleaded not guilty to the two first-degree felony securities fraud charges and one third-degree felony charge. The attorney general will likely not have to enter a plea, and the agreement will keep a possible conviction off a potential criminal record.
If prosecutors and defense attorneys agree, the case will be resolved without requiring approval from Harris County District Judge Andrea Beall, who oversees legal proceedings.
During a February pretrial conference, defense attorney Dan Cogdell indicated that there were discussions regarding a pretrial intervention that he would’ve accepted if offered. However, he denied any ongoing plea negotiations, saying Paxton has never entertained the idea of pleading guilty.
The Houston Press contacted special prosecutor Brian Wice regarding the possible agreement, but Wice declined to comment via text message.
According to reports, Cogdell said he would not comment on something that has not happened and may not occur.
Last month, Paxton’s legal team attempted to get the charges against the attorney general thrown out after filing a motion to get them dropped, citing Paxton’s constitutional right to a speedy trial.
The case has faced numerous delays caused by relocations from Collin County—where it originated—to Harris County, Paxton’s impeachment proceedings in the Texas Senate and disagreements over prosecutorial pay.
The question of how much the prosecutors are going to be paid is now in the hands of the First Court of Appeals, as defense attorneys requested that the Houston-based court overturn Beall’s previous ruling. In it, Beall indicated that she would not issue new payment orders per the Collin County fee schedule because the $2,000 cap is “wholly unreasonable” given the amount of work required in this case.
Former special prosecutor Kent Schaffer stepped away from the case in February, and Wice appointed Houston criminal defense attorney Jed Silverman to take over for Schaffer. According to Wice, a disagreement between the two prosecutors over the ultimate resolution likely led to Schaffer’s decision to withdraw from representation.
A pretrial conference that was initially scheduled for this week was rescheduled for Tuesday, March 26, next week. If the case is still on course to go to trial, it would start on Monday, April 15.
Paxton was indicted for allegedly soliciting investors in a McKinney-based technology company, Servergy Inc., without disclosing that the company was paying him to promote its stock and failing to register with state securities regulators. The attorney general could face fines and up to 99 years in prison if convicted.
Although this case could be resolved, Paxton is involved in additional ongoing legal challenges in Travis County and at the federal level.
Faith Bugenhagen
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