AG Paxton calls for Jeff Leach’s resignation after message sent to judge asking to consider new trial in Roberson case

AUSTIN, Texas – Texas Attorney General Ken Paxton is calling for the resignation of State Representative Jeff Leach after his admission to sending text messages to a Texas Court of Criminal Appeals judge last week, saying that death row inmate Robert Roberson deserved a new trial.

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“Jeff Leach sought to alter the outcome of capital punishment proceedings by criminally attempting to influence a judge on the Court of Criminal Appeals. This is a violation of Texas Penal Code 36.04, which outlaws ‘improper influence.’ It is a crime to ‘privately address a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.’ Leach admitted he did this in a public statement. My office is now making a criminal referral,” Paxton said in a statement.

In an Oct. 25 letter sent to Roberson’s attorney along with Anderson County District Attorney Allyson Mitchell, Texas’ highest criminal court detailed the text correspondence between Leach and a judge, in which Leach expresses hesitation about whether he can legally correspond with the judge but ultimately decides to make a plea to save Roberson’s life.

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“I’ve wracked my brain about whether I should send you this message… about where I can even send you this message legally and ethically,” wrote Leach, who is a member of the House Committee on Criminal Jurisprudence. “There are too many questions and too many holes and too much uncertainty… and Robert Roberson deserves a new trial.”

Leach, who noted that he is not an active party to any matters before the court, added that only one judge on the bench needed to change their mind on Roberson’s case and allow the court to reconsider his request for a new trial. A 5-4 majority of the court rejected Roberson’s latest appeals.

“Only sending this message to you,” Leach wrote to the judge. “As my friend and as a wonderful Judge who I have so much faith in, I hope you’ll consider doing so.”

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According to the letter, the judge wrote in response, “I cannot consider your message, nor may I discuss any pending matters with you.”

In a post on X, Leach confirmed he did send the messages to the judge.

“Unlike some other leaders in our state, I’m not afraid to admit when I mess up… and that’s exactly what I did when I sent a text message to my friend, Judge Michelle Slaughter, asking her to reconsider the case of Robert Roberson,” Leach said in the post.

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Paxton is also calling on Texas House Speaker Dade Phelan to remove Leach as Chairman of the House Committee on Judiciary and Civil Jurisprudence.

“Leach is Chairman of the House Committee on Judiciary and Civil Jurisprudence. He is also on the Texas Judicial Council. These entities set the policies for the state judiciary, which includes the State Commission on Judicial Conduct and the Court of Criminal Appeals. Leach cannot effectively serve as Chairman of his Committee: he has confessed to ethical violations and to breaking the law. He has unconstitutionally interfered in capital punishment proceedings. His conduct demonstrates that he is unfit to serve in any capacity overseeing our judicial system and unfit to serve as a Member of the Texas House,” a press release from the Attorney General’s Office said.

The Texas Tribune contributed to this report.