The visiting judge assigned to settle a dispute over Attorney General Ken Paxton’s divorce records is Robert “Bob” Brotherton Jr., whose three-decade career has emphasized courtroom openness.
The fight: The divorce case, filed by Angela Paxton, a Republican state senator from McKinney, has drawn unusual scrutiny as several media organizations seek to unseal records as Ken Paxton campaigns for the Senate.
Angela Paxton filed for divorce in July, citing infidelity as being among the reasons for wanting to end her 38-year marriage. She asked that the case be sealed from the public and was joined in her request by her husband.Ken Paxton’s attorneys have asked the court to keep the records closed, calling media efforts to open them “unprecedentedly broad and intrusive.”Paxton’s filing warns that opening the records would turn deeply personal family matters into political fodder, undermining long-standing privacy protections in family law.
What media groups say:
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The media coalition has argued that because the parties are elected constitutional officers, “the need for transparency is heightened, not diminished.” Any allegations that might suggest abuse of marital assets, concealment of financial information or “conduct inconsistent with public responsibility are not merely private – they are of public consequence,” the group’s filing said.
The judge: Brotherton served nearly 30 years as a state district judge in Wichita Falls. He presided over cases ranging from petty theft to capital murder.
Brotherton’s last bid for office in 2014 was as a Republican. He retired at the end of his term in 2018 but made clear he intended to remain available as a visiting judge – a role that now places him at the center of one of the most closely watched family-law cases in Texas politics.
Appointment to the Paxton case: Judge Ray Wheless, the judge who initially sealed the case, later recused himself. Wheless then appointed Brotherton to oversee it, with the hearing over whether the files should remain sealed set for Friday morning in Collin County.
Courtroom openness: Brotherton was known for welcoming reporters and cameras into his courtroom, even as some other judges limited media access.
“It’s more accurate if the public sees what’s happening in court instead of what somebody interprets as having happened in court,” he said when announcing his retirement.
Dallas connections: As a visiting judge in Dallas County, Brotherton has handled politically sensitive cases before.
In 2013, he dismissed contempt charges against then-Dallas County District Attorney Craig Watkins, ruling that the proceeding itself was improper.In 2019, Brotherton removed Judge Tammy Kemp from a contempt case involving Dallas County District Attorney John Creuzot that stemmed from police officer Amber Guyger’s murder trial. Brotherton also overturned the judge’s order barring the DA’s office from participating.
What the judge could do: On Friday, Brotherton could order the files unsealed, keep them closed or order that only certain parts are opened. It’s not known whether he’ll make an immediate decision.