Austin, TX
Texas Rep. privately asks Appellate Judge for new trial in reported conduct violation
AUSTIN, Texas — One of the state lawmakers instrumental in delaying Robert Roberson’s execution, Jeff Leach, allegedly texted a Texas Court of Criminal Appeals judge last week asking for a new trial.
The judge declined to consider the message and the court has been found to lack any jurisdiction in the case. Still, Texas Attorney General Ken Paxton sent an email to the Texas Supreme Court Friday, notifying them of the breach of professional conduct.
Representative Jeff Leach sits on the Texas House Committee of Criminal Jurisprudence, which issued the subpoena for Roberson that ended up delaying his execution. In text messages between him and a Texas Court of Criminal Appeals judge, he wrote he wasn’t aware the matter was already pending and apologized.
Defense attorney and former prosecutor Ty Cardenas-Wittenstein says attempts to influence a judge outside the courtroom can have major ramifications.
“That’s literally what our system is based on, is justice and fairness,” Cardenas-Wittenstein said. “You’re going to ruin the case. In a criminal case, anybody getting involved like that could easily cause a mistrial, which means everything is stopped.”
RELATED| State Rep. Jeff Leach asked Texas judge to consider a new Robert Roberson trial
She says this is called ex parte communication when one party tries to communicate with the judge about the case without the other parties present.
“One of those lawyers can’t go and, you know, tell the judge a secret or send a secret letter, or even some sort of a social media post or something like that.” Cardenas-Wittenstein said.
This violation typically involves lawyers, but it doesn’t always have to.
“It can be an investigator. It can be it can be a paralegal,” Cardenas-Wittenstein said. “Anybody that’s on either of the teams, whether they’re directly involved or loosely involved.”
That’s why the Office of the Attorney General says State Representative Jeff Leach violated Texas disciplinary rules of professional conduct when he texted a judge who sits on the Texas Court of Criminal Appeals last week, in an attempt to get her to vote favorably in delaying Robert Roberson’s execution and getting him a new trial.
Roberson is on death row for the 2002 murder of his two-year-old daughter Nikki Curtis, but many including Leach believe he wasn’t given a fair trial.
In a letter reporting the violation that was sent to the Texas Supreme Court and attorneys involved in the case, his text messages were revealed. He allegedly wrote in part…
“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… There are too many questions and too many holes and too much uncertainty and Robert Roberson deserves a new trial.”
Leach explained to the judge he wasn’t a party to the trial and the case wasn’t actively pending, but the judge replied the matter was indeed pending and thus ex parte communication she couldn’t consider or discuss.
Leach apologized for the error, but the judge still reported the communication.
“For most lawyers, it’s something that you know is ingrained to us,” Cardenas-Wittenstein said. “But you know, for somebody that didn’t go to law school, I don’t know if that would be something that was ingrained in them.”
On the social media platform X Monday evening, Leach apologized publicly. He says in part:
“Unlike some other leaders in our state, I’m not afraid to admit when I mess up and that’s exactly what I did… 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.”
Cardenas-Wittenstein says ex-parte communication can sometimes lead to a case being thrown out or a lawyer even losing their license to practice. In this case, though, it doesn’t involve an attorney and the United States Supreme Court has already ruled the Court of Criminal Appeals lacks jurisdiction, sending the case to the Texas Supreme Court where it’s still pending.
CBS Austin reached out to one of Roberson’s attorneys listed in the letter, who declined to comment. We’re also waiting to hear back from the Anderson County District Attorney who was also notified of the violation.
You can watch “Texas Eats” on Saturdays at 10 a.m. on KSAT 12, KSAT.com, and KSAT Plus, our free streaming app.
This week on Texas Eats:
Ramen Tatsu-Ya
1600 E 6th St., Austin, Texas 78702
Ramen Tatsu-ya is an Austin staple known for serious Japanese ramen, crafted by chefs Tatsu Aikawa and Takuya Matsumoto. Their broths are slow-cooked, complex, and authentic, and their noodle bowls are rich, comforting, and widely praised by locals and critics alike.
Otto’s Ice House
111 Newell Ave., San Antonio, Texas 78212
Otto’s Ice House, located in the Pearl District, mixes the chill vibes of a Texas ice house with upscale touches. From street tacos and bratwurst to creative cocktails and live music, it’s a place to kick back with friends outdoors or by the river. The menu is casual but well-executed, and the owner Levi Goode brings in a reputation for quality and storytelling.
Texas Bistro
1932 S Seguin Avenue #209, New Braunfels, Texas 78130
Texas Bistro is a New American restaurant in New Braunfels that focuses on fresh, thoughtfully prepared dishes in a relaxed but refined environment. It draws praise as one of the area’s standout places for dinner.
Goode Co. BBQ
5109 Kirby Drive, Houston, Texas 77098
Goode Co. Barbeque is a long-standing Houston institution (since 1977) specializing in Texas-style barbecue slow-smoked over mesquite wood. They serve tender brisket, ribs, sausage, and classic sides, often paired with their signature pecan pie. The vibe is down-home, rustic, and welcoming — a place built around tradition, smoked meats, and a sense of genuine Texas BBQ hospitality.
Canje
1914 E 6th St. Ste C, Austin, Texas 78702
Canje is a vibrant Caribbean-inspired restaurant founded by Chef Tavel Bristol-Joseph. Located in East Austin, it blends Caribbean and Guyanese traditions with modern techniques, emphasizing fresh, regionally-sourced ingredients and sustainable practices. The atmosphere is lively and colorful, with bold flavors and inventive dishes that reflect the broader diaspora of island cuisines.
Best Quality Daughter
602 Avenue A, San Antonio, Texas 78215
Best Quality Daughter is an Asian-American restaurant in the Pearl, founded by Chef Jennifer Dobbertin. It showcases flavors from her heritage and her travels, offering dishes that blend comfort with creativity in a welcoming space. It’s earned acclaim locally and has become a key part of San Antonio’s emerging food scene.
McAdoo’s Seafood
196 N Castell Ave., New Braunfels, Texas 78130
McAdoo’s is an upscale seafood restaurant in downtown New Braunfels housed in the old post office building. They offer a mix of fresh seafood, authentic Cajun-Creole dishes, and Texas Creole favorites. The setting includes a courtyard and intimate bar, and the menu combines fine dining touches with hearty, flavor-forward preparations.
La Tequila Mexican Restauarnt
90 Crossroads Blvd., Balcones Heights, Texas 78201
La Tequila Jalisco offers auténtica comida mexicana in Balcones Heights with a menu full of Jalisco-style dishes like enchiladas, fried shrimp, and classic tacos. Its warm, family-friendly setting makes it a go-to for locals craving hearty, approachable Mexican food.
Follow Texas Eats and David Elder on Facebook and Instagram for more food info, pictures, videos and giveaways.
Copyright 2025 by KSAT – All rights reserved.
AUSTIN (The Texas Tribune) — The records in Texas Attorney General Ken Paxton’s divorce case have been unsealed.
Judge Robert Brotherton, who is presiding over the case, signed an order Friday morning allowing the records to be made public. The decision came after Paxton and his wife, state Sen. Angela Paxton, announced that they had come to an agreement late Thursday to unseal the documents.
Tyler Bexley, an attorney for a group of media organizations fighting for the records to be released, celebrated the decision as a win for transparency.
“We’re certainly pleased with the result,” Bexley said after the hearing.
The move was an abrupt about-face for the couple, who had fought to keep the records secret. It’s unclear exactly what brought on the change.
The records were released before noon. They show the Paxtons have entered mediation, and their blind trust had doled out $20,000 to each of them to pay for their attorneys. The documents also show that earlier this month, Angela Paxton asked her husband to produce records pertinent to the case. They also show multiple judges recused themselves from the case before it was given to Brotherton, a visiting judge based in Wichita Falls.
The Texas Newsroom previously published copies of several records — including Paxton’s general denial of his wife’s divorce petition — before they were sealed.
The records did not shed more light on the couple’s financial situation, division of assets or the alleged affair that led to the divorce — but additional filings will be made as the case continues. Bexley said the media organizations agreed to redactions only of personal information like Social Security numbers and home addresses.
State Sen. Angela Paxton filed for divorce in July alleging adultery. Soon after, she asked for the court record to be sealed. A previous judge handling the case agreed and put all of the records under seal. Ken Paxton initially supported the decision, filing a court document that accused the press of attempting to unfairly invade his personal life.
Eight media organizations and a nonpartisan nonprofit opposed the sealing. The media group argued Paxton’s divorce records should be public because he is an elected official running for office who has faced repeated allegations of corruption. The attorney general’s finances, which are a subject of the divorce case, have been central to the misconduct allegations against him. While he has been charged with multiple crimes during his decade in statewide office, Paxton has never been convicted.
Paxton is now challenging John Cornyn in the Republican primary for U.S. Senate.
Laura Roach, one of Ken Paxton’s lawyers, said after the Friday hearing that the attorney general had always wanted the record to be unsealed.
“Mr. Paxton has always wanted us to actually unseal it,” she said. “Attorneys get on a path and we think that that’s the right way to go and we were finally able to get everybody on the same page.”
When asked why he initially opposed it so strongly, she added, “that’s just legal stuff. … His attorneys said that.”
Angela Paxton had asked the records be sealed because doing so would “not have an adverse affect on the public health or safety.” Her representatives declined to respond on Friday.
Michael Clauw, the communications director for the nonprofit Campaign for Accountability that also sought the release of the records, said he does not believe Ken Paxton actually wanted them to be made public.
“It’s ridiculous to believe that Ken Paxton ‘always wanted’ his divorce record to be unsealed,” he said. “Only when it became apparent he likely would lose in court did he change his tune.”
Roach said she expects the case to be resolved amicably soon. Neither Ken Paxton nor Angela Paxton appeared at the court.
This article originally appeared in The Texas Tribune at www.texastribune.org. The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans – and engages with them – about public policy, politics, government and statewide issues.
Interested in expert-driven resources delivered for free directly to your inbox? Subscribe for free to any our our EMS1 newsletters.
You can also connect with us on YouTube, Instagram, X, Facebook, and LinkedIn.
Lions place Kerby Joseph on IR, make 2 OL moves for Steelers game
Power outage affects 20,000 households in San Francisco
Suspect dead after officer involved shooting in Mesquite
Texas A&M takeaways: Aggies offense sputters in playoff loss to Miami
Boston sports anecdotes aplenty feature on new YouTube channel
Florida High School Football Rankings: Top 25 teams – Oct. 21
Cleary's 21 help Le Moyne down Central Connecticut State 69-64 in OT
How old is Bo Nix? What to know about Oregon quarterback ahead of 2024 NFL Draft
99th annual Pony Swim held in Virginia
Video: ‘It Didn’t Have to Happen This Way:’ U.Va. Faculty Call for Review of Police Response to Protests
Sen Murphy warns ‘people are going to die’ as Congress punts on expiring Obamacare subsidies
Ex-Pakistan PM Imran Khan, wife sentenced to 17 years in corruption case
U.S. launches strikes in Syria targeting Islamic State fighters after American deaths
Trump administration touts ‘most secure border in history’ as 2.5 million migrants exit US
How the reparations loan for Ukraine fell apart at the eleventh hour
-
Iowa6 days agoAddy Brown motivated to step up in Audi Crooks’ absence vs. UNI
-
Iowa1 week agoHow much snow did Iowa get? See Iowa’s latest snowfall totals
-
Maine4 days agoElementary-aged student killed in school bus crash in southern Maine
-
Maryland6 days agoFrigid temperatures to start the week in Maryland
-
Technology1 week agoThe Game Awards are losing their luster
-
South Dakota6 days agoNature: Snow in South Dakota
-
New Mexico4 days agoFamily clarifies why they believe missing New Mexico man is dead
-
Nebraska1 week agoNebraska lands commitment from DL Jayden Travers adding to early Top 5 recruiting class