Can whistleblowers sue Texas elected officials? Abbott, Patrick say top court should decide

Gov. Greg Abbott and Lt. Gov. Dan Patrick say the Texas Supreme Court should decide whether elected officials can be sued under the state’s whistleblower protection laws. On Monday, the two men filed letters backing Attorney General Ken Paxton’s request that the top court weigh in on the question. They did not, however, state whether they agree with Paxton’s argument that he is shielded from a whistleblower suit brought by former employees who allege they faced retaliation for accusing the attorney general of abusing his office. “The petition addresses matters of statewide importance, as well as separation-of-powers questions that warrant review by this Court,” Christopher D. Sterner, general counsel for the Office of the Lieutenant Governor, wrote. “Regardless of the outcome of the case, this case relates to the interpretation of a Texas law, and the people of Texas deserve that a case of this importance be considered and reviewed by the highest court in the state.”

Spokesmen for the governor and lieutenant governor did not reply to requests for comment on whether they agree with Paxton’s arguments in this case. An appeals court ruled in October that Paxton’s ex-employees could sue him under the state’s whistleblower laws. Paxton appealed in January, and now awaits the Supreme Court’s decision on whether to take up the case. Abbott and Patrick’s support is meaningful for Paxton, who is fighting the suit and unrelated securities fraud charges while seeking re-election. Paxton failed to win his March GOP primary outright, and will face Land Commissioner George P. Bush in the Republican runoff next month. Patrick endorsed Paxton’s re-election but Abbott has so far remained mum on the race. The whistleblower lawsuit dates to allegations raised in late 2020, when several top employees in Paxton’s agency accused him of swapping political favors with Austin real estate investor Nate Paul. In exchange for allegedly helping Paul with a number of matters pending with his agency, these employees say Paxton received a kitchen remodel and a job for a woman with whom the attorney general’s had an alleged affair.