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The Texas Tribune
The Texas Tribune
National
Eleanor Klibanoff

Texas Attorney General Ken Paxton fled his home to avoid being served with subpoena, court record says

Texas Attorney General Ken Paxton attends a campaign event during a Bulverde Spring Branch Conservative Republicans meeting in Bulverde on May 16, 2022. Paxton criticized President Joe Biden’s immigration policies, championed voter fraud in Texas and praised the leaked SCOTUS draft opinion that would overturn Roe v. Wade.
Texas Attorney General Ken Paxton attends a campaign event in Bulverde in May. A process server accused Paxton of trying to avoid being served with a subpoena in court documents Monday. (Credit: Kaylee Greenlee Beal for the Texas Tribune)

Texas Attorney General Ken Paxton fled his home in a truck driven by his wife, state Sen. Angela Paxton, to avoid being served a subpoena Monday, according to an affidavit filed in federal court.

Ernesto Martin Herrera, a process server, was attempting to serve the state’s top attorney with a subpoena for a federal court hearing Tuesday in a lawsuit from nonprofits that want to help Texans pay for abortions out of state. Later on Monday, Paxton filed two requests: a motion to quash the subpoena and another to seal the certificates of service, which included the affidavit from process server. His lawyers argued that the server “loitered at the Attorney General’s home for over an hour, repeatedly shouted at him, and accosted” Paxton and his wife. U.S. District Judge Robert Pitman granted both requests early Tuesday, hours after the affidavit had been published.

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