District Judge Robert Johnson granted the prosecutors’ request to delay Attorney General Ken Paxton’s criminal securities fraud trial for a third time so that issues regarding their compensation can be resolved. Prior delays were caused by disputes over the venue and then the presiding judge.

Atty. Gen. Ken Paxton

Atty. Gen. Ken Paxton

The trial on a charge of failure to register with the state securities board was scheduled to begin on December 11. Prosecutors intend to try that third-degree felony charge first, then try the more serious first-degree securities fraud charges at a later date. No new date for either trial was set by Johnson, but one is expected to be set during a November 2 pretrial conference. Johnson said he preferred a date in late February or early March. Paxton is running for re-election, and the Republican primary is March 6. He presently has no opponent.

Paxton was indicted more than two years ago by a Collin Co. grand jury. A similar federal case against Paxton has been dismissed twice, the latter time with prejudice.

The pay dispute is presently at the Court of Criminal Appeals, which last week stayed a lower court order denying payment. Prosecutors indicated they may withdraw from the case if the Court rules against their receiving compensation.

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