On Monday, Paxton released a statement calling out Leach for “unethical ‘ex parte' communications sent” to a Criminal Court of Appeals judge who was set to rule in a pivotal matter involving death row inmate Robert Roberson, a man Leach says is innocent and has fought to keep from being executed on Oct. 17 in dramatic, unprecedented fashion. For his part, Paxton, along with Gov. Greg Abbott, has steadfastly remained in favor of sending Roberson to the death chamber for the 2002 murder of 2-year-old Nikki Curtis.
Following the AG's announcement on Monday evening, Leach went on X to admit that he indeed had communicated with the judge.
“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 wrote in his post.
It seems as though that confession provided more ammo for Paxton to keep taking shots at his Collin County neighbor. On Tuesday afternoon, Paxton publicly called for Leach to resign and announced that he would also make a criminal referral into the matter.
“Jeff Leach sought to alter the outcome of capital punishment proceedings by criminally attempting to influence a judge on the Court of Criminal Appeals,” a release from the AG said. “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’s office did not immediately reply to our requests for comment.
Leach, along with El Paso Democrat Joe Moody, subpoenaed Roberson to testify before the House criminal jurisprudence committee just before he was scheduled to be executed earlier this month. It had long been the belief of the bipartisan committee that Roberson had not received a fair trial and that there were too many questions involving the “shaken baby syndrome” diagnosis surrounding the child's death to justify putting Roberson to death. Paxton’s office immediately appealed the decision before the Texas Supreme Court halted the execution so that Roberson could honor the subpoena.
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.
— Jeff Leach (@leachfortexas) October 28, 2024
I am fiercely committed to the rule of law…
Since then, Paxton has been busy making the case that Roberson’s conviction was warranted and issued a scathing rebuttal to Leach and Moody’s arguments for Roberson’s innocence. Paxton claims that the lawmakers “stepped out of line,” and have “created a Constitutional crisis” in the process.
A 16-page statement issued by Leach and the House Criminal Jurisprudence Committee says that Paxton’s rebuttal “is misleading and in large part simply untrue. It rarely quotes and never cites the record. It doesn’t provide any exhibits except the autopsy report and a statement from the person who performed it. And it fails to acknowledge any of the additional evidence discovered since trial.”
This isn’t the first time Leach and Paxton have sparred in recent times, however. Once close friends, the two have become public enemies, providing as clear an example of the Texas GOP civil war as there is these days.
Leach, who survived Paxton’s vocal opposition in the March primaries, is up for reelection against Democrat Makala Washington on Nov. 5. Leach was one of 60 House Republicans, an overwhelming majority, that voted to impeach Paxton in May 2023, when the AG was accused of abusing the powers of his office and bribery.
On the final day of Paxton’s impeachment proceedings, the day he was cleared by the state Senate, Leach gave an emotional speech explaining why he was in favor of impeachment, despite a long friendship, saying "I have loved Ken Paxton for a long time. I've done life with Ken Paxton. We've traveled together, attend church together."
Following his reinstatement into office in September 2023, Paxton immediately set off on a revenge tour he was openly vocal about, supporting Republican primary candidates running against House Republicans such as Leach. And to a large extent, Paxton was successful in vanquishing his enemies on Super Tuesday in March, although perhaps his two biggest, newest enemies, House Speaker Dade Phelan and Leach, made it through to the November election.
As for the matter at the heart of this particular Republican v. Republican fight, the filings continue, regardless of what Leach or Paxton have to say about one another. For now, Roberson’s execution is on hold, and on Monday night, Leach and Moody filed a brief with the state Supreme Court outlining what they feel is the House’s ability to issue a subpoena similar to the one issued for Roberson. Paxton, the brief says, is keeping Roberson from appearing before Leach the rest of the committee.
“In brief, a legislative committee issued a subpoena for the testimony of a condemned prisoner that interrupted his execution,” Leach’s filing reads. “The executive branch took exception and refused to honor the subpoena. That impasse remains today.”
