State Rep. Jeff Leach has apologized after sending a text message to an appeals court judge on behalf of death row inmate Robert Roberson.
Leach (R-Plano), who sits on the House Committee on Criminal Jurisprudence, has been actively involved in efforts to prevent Roberson’s execution. Last week, Leach texted Judge Michelle Slaughter, who sits on the Court of Criminal Appeals, asking her to reconsider her previous decision to reject an appeal from Roberson.
“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,” wrote Leach. “There are too many questions and too many holes and too much uncertainty … and Robert Roberson deserves a new trial.”
He reminded her that only one judge on the nine-judge panel, which ultimately ruled 5-4 against Roberson during his appeal, would need to change their decision so that Roberson could get a new trial.
“As my friend and as a wonderful Judge who I have so much faith in, I hope you’ll consider doing so,” Leach wrote.
“I cannot consider your message nor may I discuss any pending matters with you,” Judge Slaughter responded.
In a press release, the Office of the Attorney General said it notified the Texas Supreme Court of “unethical ‘ex-parte’ communications” sent by Leach, who it claimed was seeking to “exert improper influence on the Robert Roberson capital punishment proceedings.”
The Court of Criminal Appeals wrote, “This Court sees this communication as a clear violation of Texas Disciplinary Rule of Professional Conduct 3.05.”
Less than an hour after Paxton’s office released its remarks on Monday, Leach admitted to texting the judge and apologized to the Court.
“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 posted to social media.
“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,” continued Leach.
“… 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,” Leach added.
