The Texas Appeals Court has recently confirmed that employees of elected officials are protected under the Texas Whistleblower Act. In September 2020, high-ranking officials at the Texas Attorney General's Office (the "OAG") reported what they believed to be criminal misconduct by Texas Attorney General Ken Paxton to the FBI, the Texas Rangers, and other law enforcement agencies. In particular, the officials reported that Paxton used his official position to benefit Nate Paul, a local businessman and contributor to Paxton's campaign, and included allegations of bribery, tampering with government records, obstruction of justice, and abuse of office. The officials were fired within weeks after notifying the OAG of these reports and thereafter brought suit against the OAG under the Texas Whistleblower Act.

In its attempt to dismiss the complaint, the OAG argued that the Whistleblower Act should not apply to reports of violations by the Attorney General or, in fact, any elected official in Texas (including Paxton). In addition to making textual arguments, the OAG contended that the legislature did not intend for the Whistleblower Act to assist in keeping elected officials accountable because voters are already a powerful check on their accountability. The Texas Appeals Court refused to recognize such an exception to the Act. In addressing the OAG's accountability argument, the court explained that if there are no protections for whistleblowers, "an employee who knows of...

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