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| | The senators who voted against the rules were (in addition to Senator Paxton) liberal senator Sarah Eckhardt (D-Austin) and conservative Senator Bob Hall (R-Edgewood).<ref>https://www.khou.com/article/news/local/texas/ken-paxton-impeachment-trial-rules/285-1a6ea7d6-3529-4ad4-91e6-6100d3d6c464</ref> Eckhardt later made a public statement of her vote, stating that the rules were too permissive, allowing an Article to be dismissed beforehand by only a simple majority vote but requiring a 2/3 vote for affirmation, and further that the rules gave Patrick too much control over the proceedings (as Patrick and Paxton are political allies, Eckhardt sees it as a potential avenue for quick dismissal without the merits being heard and debated). | | The senators who voted against the rules were (in addition to Senator Paxton) liberal senator Sarah Eckhardt (D-Austin) and conservative Senator Bob Hall (R-Edgewood).<ref>https://www.khou.com/article/news/local/texas/ken-paxton-impeachment-trial-rules/285-1a6ea7d6-3529-4ad4-91e6-6100d3d6c464</ref> Eckhardt later made a public statement of her vote, stating that the rules were too permissive, allowing an Article to be dismissed beforehand by only a simple majority vote but requiring a 2/3 vote for affirmation, and further that the rules gave Patrick too much control over the proceedings (as Patrick and Paxton are political allies, Eckhardt sees it as a potential avenue for quick dismissal without the merits being heard and debated). |
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| − | ===Rules of Impeachment===
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| − | #'''Court of Impeachment.''' Designates the trial to begin at 9AM on Tuesday, September 5, 2023.
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| − | #'''Court and Court Officers.''' Designates the Senate as the Court of Impeachment, the Senators as members of the court, and the President of the Senate (the Lieutenant Governor) as its presiding officer. The President can designate any member as presiding officer, so long as that member is not standing for re-election in 2024. The Sergeant at Arms of the Senate will serve as bailiff and the Secretary of the Senate will serve as chief clerk.
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| − | #'''Parties and Appearance.''' AG Paxton and the House Board of Managers are designated as parties to the trial, and will have full and free access to the Senate chamber floor except when the court is in closed session.
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| − | #'''Proceeding Records.''' (a) The clerk will ensure that the court has court reporters needed to transcribe the proceedings; the parties may have their own court reporter at their own expense. (b) Copies of all written documents submitted as evidence will be provided to all members.
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| − | # (a) '''Commencement of the Trial.''' The trial shall commence on all Articles except for Articles XI, XII, XIII, and XIV, which shall be held in abeyance. If AG Paxton or his counsel fail to appear, or do not enter a plea, the trial shall commence as if a plea of not guilty was entered. (b) '''Action on Pleadings.''' Any motion which would result in a dismissal of any Article shall be decided by simple majority vote, without debate or comment, after all motions, responses, and a report of recommendations made by the Senate Special Committee on Rules & Procedures for Court of Impeachment. All other pre-trial motions shall be decided in the same manner, solely by the presiding officer, or at the officer's option to a majority vote of the members. (c) '''Order of Proceeding and Trial.''' After all pre-trial motions have been decided, the trial will promptly begin. The House Managers may make an opening statement; Paxton or his counsel may also do so or reserve the right to do so when they present their evidence. Cross-examination of witnesses, and presentation of rebuttal evidence, is permitted by both parties. The House Managers, having the burden of proof, may open and close final arguments, after which deliberation shall begin. (d) '''Examination of Witnesses.''' Only the House Managers or counsel to the parties shall examine the witnesses. (e) '''Witness List.''' A list of witnesses shall be provided by August 22, 2023 but only to specified parties therein; otherwise, the list shall be confidential.
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| − | #'''Authority of the Court.''' The presiding officer has the authority to enforce its orders, compel witness' attendance, and to punish for contempt. The bailiff may engage any licensed Texas peace officer to assist.
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| − | #'''Suspension or Amendment of the Rules.''' A 2/3 record vote of the members is required to suspend or amend the rules; amendments need to be given 24-hour notice.
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| − | #'''Closed Court Deliberation.''' Court sessions are open. Deliberations shall be held in closed session, only after final argument, but no action shall be taken therein. After final vote, any member may within 72 hours provide a statement of vote to be included in the journal.
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| − | #(a) '''News Media.''' The media shall be given space in the Senate gallery and can cover open session proceedings, but cannot do interviews in certain areas while the court is in open session. (b) '''Public Access.''' The public shall be permitted to attend open session proceedings; in order to allow as many members of the public as possible the bailiff will rotate seating. Livestreaming of the court will be permitted except for closed sessions.
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| − | #(a) '''Gag Order.''' A gag order would be issued soon after adoption of the rules. (b) '''Communication Rules.''' The parties will not communicate with anyone outside of each other and the court. (c) '''Advocating a Position.''' No member of the court will advocate a position on the merits until deliberations begin.
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| − | #'''Call of the Senate and Privileges of the Senate Floor.''' (a) All members of the court will be in attendance during proceedings. (b) All members of the House Managers will be in attendance during proceedings. (c) Wireless devices are prohibited except in limited circumstances. (d) Each member of the court will be allowed one staff member "outside the railing". (e) Members are allowed legal materials but cannot use wireless devices unless communication modes are disabled. (f) Members are allowed breaks in the member's lounge during proceedings. (g) When witnesses are not testifying, members are allowed to move about the Senate floor for conferences. (h) Guest floor privileges are suspended during proceedings.
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| | ==Post-Impeachment Actions by other than the House and Senate== | | ==Post-Impeachment Actions by other than the House and Senate== |