Attor­ney Gen­er­al Pax­ton Calls for Jeff Leach’s Res­ig­na­tion; Announces Crim­i­nal Refer­ral After Leach Con­fessed to Unlaw­ful Attempt to Influ­ence Judge in Cap­i­tal Pun­ish­ment Pro­ceed­ings On Behalf Of Man Sen­tenced to Death In Mur­der of 2‑Year-Old Daughter

On Friday, the Office of the Attorney General was notified by the Texas Court of Criminal Appeals that State Representative Jeff Leach sent unethical “ex parte” communications to a sitting Judge on the Court of Criminal Appeals. In those messages, Leach sought to improperly influence ongoing and future Robert Roberson capital punishment proceedings by explicitly imploring that Judge to change her vote in Roberson’s latest round of postconviction proceedings. The CCA wrote: “This Court sees this communication as a clear violation of Texas Disciplinary Rule of Professional Conduct 3.05.”

On Monday, the OAG notified the Texas Supreme Court of this serious breach of ethical rules and violation of law, and Leach issued a public statement confessing to it. 

Today, Attorney General Paxton issued the following statement calling for Jeff Leach’s resignation.

“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.

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. House Speaker Dade Phelan must immediately remove him as Chairman before he can do further damage, and Leach must resign.”