Ken Paxton calls on Rep. Jeff Leach to resign over texts to judge in Robert Roberson case

Attorney General Ken Paxton called Tuesday for state Rep. Jeff Leach, R-Allen, to resign, saying he was making a criminal referral over the North Texas lawmaker’s recent communication with a judge involved in death row inmate Robert Roberson’s appeals.

Paxton’s announcement came one day after his office called attention to texts from Leach urging a judge on the Court of Criminal Appeals to reconsider rulings that rejected Roberson’s bid for a new trial. Leach texted a judge on the Texas Court of Criminal Appeals, urging reconsideration of Robert Roberson's case. Roberson is on death row for the murder of his daughter, convicted under what some describe as questionable forensic science. Robert Roberson's case has attracted attention due to claims of outdated or incorrect medical testimony at the time of his conviction, leading to debates over the reliability of the evidence used to convict him.

After the representatives’ messages were revealed, Leach apologized, stating he was not aware of any pending matters before the court, nor was he a party to the case. However, his actions were seen by some as an attempt to improperly influence judicial proceedings.ch's attempt to sway judicial opinion has been criticized as a violation of ethical conduct rules for lawyers, even though Leach himself is not a practicing attorney in this context. The Texas Court of Criminal Appeals notified lawyers involved in Roberson's case about Leach's communications, labeling it a "clear violation."

Texas Attorney General Ken Paxton has called for Leach's resignation, describing his actions as "unfit" for someone overseeing the judicial system. Paxton has also made a criminal referral regarding Leach's conduct.

In the text messages, Leach wrote: “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. […]” 

Leach continued, “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 immediately reported Leach’s conduct. In the notification to counsel, the Court of Criminal Appeals wrote, “This Court sees this communication as a clear violation of Texas Disciplinary Rule of Professional Conduct 3.05”. 

To read the OAG letter to the Texas Supreme Court and the notification to counsel from the CCA, click here.

Nikki’s family members submitted a letter to the House Committee on Criminal Jurisprudence concerning their assertions of Roberson’s Sexual misconduct of his two-year-old daughter Nikki. In the letter, they detailed Roberson’s conduct of :

• Putting his penis in two-year-old Nikki's mouth

• Rubbing his penis on Nikki’s vagina.

• Whipping Nikki when she cried

• Assaulting Nikki with a board and paddle

• Throwing Nikki on the bed so hard she bounced off and hit the floor