State Rep. Jeff Leach confessed on Monday night to an astonishing faux pas that could have substantial repercussions when he admitted that he'd communicated inappropriately with a Texas Court of Criminal Appeals judge in a frantic push to win a reprieve for Robert Roberson before his scheduled execution this month.
The Allen Republican came under fire late last week amid revelations that he sent a half-dozen texts to TCCA Judge Michelle Slaughter in an attempt to get her to back a reprieve for Roberson "sua sponte" without an official request from an official party in the capital punishment case. Leach owned up to the gaffe after Attorney General Ken Paxton revealed on Monday that his office is investigating the legislator's behavior on the phone in the Roberson saga.
"One judge," Leach informed Slaughter. "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."
Leach appeared to be trying to butter up the jurist with flattery. "Only sending this message to you. And you alone," the Collin County lawmaker added in a subsequent text. "As my friend and as a wonderful Judge who I have so much faith in, I hope you'll consider doing so."
The TCCA voted to reject Roberson's appeal for clemency on the day that he was set to die on almost two weeks ago. But Democrat State Rep. Joe Moody of El Paso teamed up with Leach in a motion for a last-minute stay that the Texas Supreme Court granted in a move that halted the state's killing of the inmate temporarily.
Moody chairs the Criminal Jurisprudence Committee that threw a wrench in the executioner's plans when its member voted unanimously to subpoena Roberson to testify on the case after he was scheduled to die for allegedly beating a 2-year-old daughter to death more than 20 years ago.
Leach - the chairman of the Judiciary & Civil Jurisprudence Committee - sought to justify the cell phone messages to Slaughter by telling her that he wasn't a party in pending action before the court or an attorney for one of the parties in the case. Based on that line of reasoning, Leach said he felt "compelled" to reach out to Slaughter for help.
"Judge - 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." Leach said in the initial text.
But Slaughter did not give Leach the answer he'd hoped to have. She blew the whistle on him instead.
"Jeff, this is still an ex parte communication," Slaughter replied. "I cannot consider your message nor may I discuss any pending matters with you. Thank you in advance for your understanding."
TCCA general counsel Sian Schilhab cited the Leach texts on Thursday to Anderson County prosecutors and the attorneys who are officially representing parties in the Roberson saga. Schilhab said the court views Leach's messages as a "clear violation" of the Texas Disciplinary Rule of Professional Conduct for attorneys here. Paxton launched a probe on Monday.
Leach, a lawyer who's a member of the Criminal Jurisprudence Committee as well, could face disciplinary action from the State Bar of Texas. The lawmaker referred comment to his attorney Claude Ducloux at the end of a text where he agreed that he'd erred complete with an apology for the actions. He took an apparent shot at the attorney general without naming names. Leach was a member of a group of House members who Speaker Dade Phelan appointed to prosecute Paxton on corruption charges after his impeachment in the Capitol's west wing last year.
"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 last night in a post on X.
"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.
"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."
more to come ...
