This article has been updated with Jeff Leach’s response.
In his bid to free a convicted child-killer from death row, State Rep. Jeff Leach could find himself in hot water after texting a judge on the Court of Criminal Appeals in violation of Texas law.
The case in question surrounds child-killer Robert Roberson. Leach and others have worked to delay Roberson’s execution through a series of legal maneuvers. After issuing a subpoena to Roberson, Leach purported to represent the Texas House of Representatives in the legal proceedings surrounding the effort—a move that has been challenged already for violating state law.
Now, Leach has another hurdle as a newly released letter reveals Leach purportedly attempted to text an unnamed judge on the Court of Criminal Appeals in a bid to sway their opinion:
Leach: Judge – I’ve wracked my brain about whether I should send you this message…about where 1 even can send you this message legally and ethically.
Being that I am not a party to active litigation in front of the CCA nor an attorney representing any active party, and being that I’ve made comments publicly, I simply am compelled to send you this message.
One Judge. That’s all that is needed to simply say… there are too many questions and too many holes and too much uncertainty… and Robert Roberson deserves a new trial. Judge Alcala communicated to the Committee that the CCA can sua sponte do so. And that’s my hope and prayer.
Only sending this message to you. And you alone. As my friend and as a wonderful Judge who I have so much faith in, I hope you’ll consider doing so.”
The judge was later revealed to be Michelle Slaughter, who responded saying it was an “ex parte” communication, meaning communication about a case without the knowledge or consent of all parties involved. Such communication is not only prohibited by disciplinary rules but state law as well.
Section 36.04 of the Texas Penal Code states that “a person commits an offense if he privately addresses 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.”
Such a violation is a class A misdemeanor and punishable by up to one year in jail.
Former State Rep. Matt Rinaldi made the case on social media that Leach’s behavior is even more egregious because of the role he plays as chairman of the House Committee on the Judiciary and Civil Jurisprudence.
“I want to emphasize how outrageous this is: the committee chairman in charge of regulating & SETTING JUDICIAL PAY for the Court of Criminal Appeals is communicating ex parte to attempt to persuade a CCA judge to take action in a particular case to assist a convicted child killer,” wrote Rinaldi.
Attorney General Ken Paxton forwarded the information to the Texas Supreme Court.
In a social media post, Leach admitted to texting Slaughter about the case.
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.
“I am fiercely committed to the rule of law and to strengthening our system of justice. This is why I’m so passionate about the case of #RobertRoberson — because I believe so strongly the system has failed him. And that’s why I sent that message to Judge Slaughter,” wrote Leach.
“As I said in my message to her, I’m not an attorney or a party to the case … nor was I aware of any pending dispute before the Court of Criminal Appeals. Thus, I thought I was in the clear. But, clearly, I was wrong. Judge Slaughter handled it perfectly and professionally – as any Judge should do. And I apologize to her and to the Court.”
