On Friday, the Office of the Attorney General was informed by the Texas Court of Criminal Appeals that State Representative Jeff Leach had sent unethical "ex parte" communications to a sitting judge on the Court. In these messages, Leach sought to improperly influence ongoing and future Robert Roberson capital punishment proceedings by urging the judge to change her vote in Roberson's latest round of postconviction proceedings. The CCA stated: "This Court sees this communication as a clear violation of Texas Disciplinary Rule of Professional Conduct 3.05."
By Monday, the Office of the Attorney General had notified the Texas Supreme Court about this serious breach of ethical rules and law violations, leading Leach to issue a public statement confessing his actions.
Attorney General Paxton released a statement today 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 serves as Chairman of the House Committee on Judiciary and Civil Jurisprudence and is also part of the Texas Judicial Council. These entities set policies for state judiciary matters including those related to judicial conduct and appeals courts. According to Paxton’s statement, “Leach cannot effectively serve as Chairman...he has confessed to ethical violations and breaking law.” Paxton further asserted that Speaker Dade Phelan should remove him from his chairmanship immediately.
Paxton concluded with strong words regarding Leach’s ability to continue serving: “His conduct demonstrates that he is unfit...unfit to serve as a Member of the Texas House...Leach must resign.”