A Texas appeals court has ruled that Attorney General Ken Paxton cannot compel a Catholic nun to answer questions under oath in his probe of migrant aid efforts.

According to KVEO-TV, the court determined that Sister Norma Pimentel, head of Catholic Charities of the Rio Grande Valley, had already cooperated with the state’s inquiry and that requiring her deposition would be overly burdensome.

The decision came down Monday from a three-judge panel on the 15th Court of Appeals. In a 2-1 vote, the judges upheld an earlier ruling made by a lower court in Hidalgo County that had already blocked the deposition request.

Appellate judges weigh cooperation over compulsion

According to the appellate court, Paxton’s office did not meet the legal threshold required to obtain a pre-suit deposition in Texas. The law mandates that officials demonstrate that such an action offers more benefits than burdens to the opposing party, in this case, Catholic Charities.

The state began investigating various nonprofits working with migrants after an order from Gov. Greg Abbott in late 2022. Abbott directed Paxton’s team to examine whether nongovernmental organizations might be aiding unlawful crossings at the U.S.-Mexico border.

As part of that broader probe, the Attorney General’s office sought to question Sister Pimentel under oath. Paxton’s team argued that her direct involvement with migrant services made her a key witness in the inquiry.

Charity group already provided documents and testimony

However, the court ruled that Catholic Charities had already significantly cooperated with investigators. In March 2024, the organization submitted more than 100 pages of materials related to its operations and activities.

Along with those documents, Sister Pimentel provided a sworn written statement responding to specific questions from the Attorney General’s office. The court found this level of compliance sufficient under state law, which restricts pre-suit depositions to limited cases.

Writing for the majority, the appeals court stated that the trial judge had acted within his discretion by rejecting the deposition request. They noted that Sister Pimentel’s sworn responses addressed the questions posed by the state.

Legal standards for pre-suit depositions in Texas

In Texas, depositions requested before the filing of a lawsuit require judicial approval. These pre-suit interviews are permitted only when certain conditions are met, including proving that the intended questioning is necessary and not unduly burdensome.

The appellate court reiterated that Paxton’s office bore the responsibility of justifying the necessity of subpoenaing Sister Pimentel. The justices concluded that the Attorney General’s arguments did not sufficiently outweigh the potential burden on the charity and its leadership.

One of the judges dissented from the ruling, though the details of the dissenting opinion were not included in the decision summary. The majority focused on the extent of the nonprofit’s existing cooperation.

Sister Pimentel reaffirms mission despite investigation

Sister Pimentel had previously commented on the ongoing inquiry in a public statement last year. She emphasized that Catholic Charities of the Rio Grande Valley remains committed to legal compliance while continuing its humanitarian mission.

“We always strive to fulfill our legal obligations,” Pimentel stated at the time, reaffirming the group’s intent to aid those in need while following the law. The organization has provided food, shelter, and support services to migrants in South Texas for years.

The state’s investigation into migrant aid groups trails back to December 2022, when Gov. Abbott ordered heightened scrutiny of nonprofit roles during border activity. Catholic Charities is one of multiple organizations reviewed under this directive.

Wider implications of the court ruling for similar cases

The court’s decision may have broader implications for how state officials pursue information from nongovernmental organizations. It affirms that entities cooperating in good faith may not be subjected to additional legal burdens before formal legal actions begin.

With this ruling, Catholic Charities avoids further legal entanglement, at least for now. Should the investigation turn into official litigation, different rules would apply regarding depositions and testimony.

Meanwhile, the Office of the Attorney General has not indicated whether it plans to appeal the ruling to a higher court. Monday’s decision closes the door on this specific request to depose Sister Pimentel before trial.