The Office of the Attorney General has brought to the attention of the Texas Supreme Court an incident involving Representative Jeff Leach. The notification concerns what is described as unethical "ex parte" communications aimed at influencing a judge on the Court of Criminal Appeals regarding the Robert Roberson capital punishment case.
Roberson was sentenced to death for the 2002 murder of his two-year-old daughter, Nikki. On October 25, it was revealed that Leach had sent private messages to a judge on this court in an effort to sway their decision in Roberson's postconviction proceedings.
In these messages, Leach stated: “Judge - I’ve wracked my brain about whether I should send you this message… about where I even can send you this message legally and ethically. […] 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. […]”
He further added, “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 promptly reported Leach's actions. In response, the Court of Criminal Appeals issued a notification stating, “This Court sees this communication as a clear violation of Texas Disciplinary Rule of Professional Conduct 3.05”.
For those interested in more details, including reading the OAG letter to the Texas Supreme Court and the notification from the CCA, further information is available.