Texas Attorney General Ken Paxton has called for the resignation of state Rep. Jeffrey Leach, R-Plano after he admitted to texting a judge on behalf of Robert Roberson, a death row inmate whose execution was temporarily halted earlier this month.
"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," Paxton, who has opposed halting Roberson's execution, said . "Leach must resign."
The official argues that Leach "sought to alter the outcome of capital punishment proceedings by criminally attempting to influence a judge on the Court of Criminal Appeals." The Attorney General cited 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."
Leach asked a judge on the Court of Criminal Appeals to reconsider death row inmate Robert Roberson's case, arguing that there were "too many holes and too much uncertainty" in the conviction and that Roberson "deserves a new trial," the Texas Tribune reported. The CCA judge in question had recently voted to reject Roberson's latest appeals.
Paxton notified the Texas Supreme Court of the incident on Monday, and Leach responded by issuing a public statement via his X account confessing his communication with a CCA 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," he wrote. "I'm so passionate about the case of #RobertRoberson — because I believe so strongly the system has failed him."
Leach also claimed that he was not "aware of any pending dispute before the Court of Criminal Appeals," which is why he thought he was "in the clear." The lawmaker apologized to Judge Slaughter and said she "handled it perfectly and professionally" when reporting him to the court.
When asked to respond to Paxton's resignation request, Leach dismissed it by saying: "The only news worth commenting on today is that my son Brady, a golfer at Allen High School, shot a 74 and won 1st place in his tournament this morning. Other than that, please refer to my statement from yesterday."
Leach is the Chairman of the House Committee on Judiciary and Civil Jurisprudence, which temporarily halted the execution of death row inmate Robert Roberson moments before it was set to happen. Roberson has spent the past 20 years in prison for the death of his 2-year-old daughter, Nikki Curtis, in Palestine, Texas in 2002.
The inmate has consistently maintained his innocence, arguing that his conviction was based on flawed scientific testimony and that new medical evidence and his autism diagnosis, which went unrecognized at trial, should prompt a reassessment of his case.
Leach has been one of Roberson's most vocal supporters. In a recent hearing he suggested that Texas' legal system failed Roberson and his daughter, and that it was lawmakers' responsibility to "fix it."
"If we can't speak up and step up and work together to fix this system – then what are we even doing," he said.
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