AUSTIN – Texas Attorney General Ken Paxton is asking a Collin County court to keep records in his ongoing divorce sealed from public view, according to a legal brief Paxton filed Tuesday.
A hearing has been set for Dec. 19 on a lawsuit over the records, which pits several large media companies and other plaintiffs against the attorney general in an effort to make the information available to the public as Paxton seeks higher office in this election cycle.
In his filing, Paxton called their efforts an “unprecedentedly broad and intrusive request” and an obvious desire to “invade and publicize the most sensitive aspects of the Paxtons’ marital and private lives.”
He argues there is no law presuming divorce records are automatically open when they involve public servants and that the higher courts frequently exempt divorce records from the blanket open-records protections for typical court filings.
Political Points
The motion comes as Paxton is in the middle of a heated GOP primary campaign to unseat longtime U.S. Sen. John Cornyn.
Cornyn has previously attacked Paxton over character issues, although the incumbent senator has declined to speak publicly about his pending divorce from state Sen. Angela Paxton, who filed in July.
A judge in the 468th District Court sealed the records shortly after the news became public.
In mid-September, a group of news organizations sued to have the files open, arguing that “the parties are not private citizens but elected constitutional officers, the need for transparency is heightened, not diminished.”
“Allegations that might suggest abuse of marital assets, concealment of financial information, or personal conduct inconsistent with public responsibility are not merely private — they are of public consequence,” the filing reads.
The plaintiffs in the lawsuit are the Campaign for Accountability (“CfA”) and Dow Jones & Company Inc., The Washington Post, Hearst Newspapers, ProPublica, The Texas Lawbook, The Texas Observer, The Texas Tribune and The Texas Newsroom.
Paxton is a former state lawmaker who has been Texas’ top legal officer since 2015.
Angela Paxton, a McKinney Republican, was in her second term as a state senator when her husband faced impeachment charges in a 2023 Senate trial that revealed the attorney general had engaged in an extramarital affair. She abstained from the vote on his guilt or innocence.
He faced charges of misuse of office, misuse of public resources, bribery, making or causing others to make false or misleading statements, conspiracy, attempted conspiracy, unfitness for office and abuse of public trust. He was acquitted by the Senate in a process that cost taxpayers $5 million.
The couple separated the following year, according to Angela Paxton’s divorce filings.
In early July, Angela Paxton filed to end their marriage, citing infidelity, according to Collin County court documents.
Ken Paxton “has committed adultery,” Angela Paxton’s attorney, Charla Bradshaw, alleged in documents obtained by The Dallas Morning News. “The marriage has become insupportable because of discord or conflict of personalities between [the Paxtons] that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.”
In a statement at the time on X, Angela Paxton said she was filing for divorce after 38 years of marriage “on biblical grounds.” She said t she believes marriage is “a sacred covenant” and “earnestly pursued reconciliation.”
Ken Paxton responded with a post on X asking for prayers and privacy.
“After facing the pressures of countless political attacks and public scrutiny, Angela and I have decided to start a new chapter in our lives,” he wrote. “I could not be any more proud or grateful for the incredible family that God has blessed us with, and I remain committed to supporting our amazing children and grandchildren.”