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Texas Rep. privately asks Appellate Judge for new trial in reported conduct violation

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Texas Rep. privately asks Appellate Judge for new trial in reported conduct violation


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.

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“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.

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“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.”

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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.”

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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.



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Records in Texas AG Ken Paxton’s divorce case are unsealed

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Records in Texas AG Ken Paxton’s divorce case are unsealed


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.

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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.

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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.”

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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.

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Photo of the Week: Texas K-9 care

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Photo of the Week: Texas K-9 care


EMS1 Staff comprises experienced writers, editors, and EMS professionals dedicated to delivering trusted, timely, and actionable information and resources for public safety. EMS1 Staff is committed to equipping EMS providers with the knowledge and resources they need to excel in pre-hospital care. With a focus on delivering breaking news, expert advice, and practical tools, our team ensures EMTs and paramedics have access to reliable information that supports their professional growth and enhances patient outcomes.

Interested in expert-driven resources delivered for free directly to your inbox? Subscribe for free to any our our EMS1 newsletters.

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Australia mass shooting: Brother of Texas rabbi injured in attack speaks at Austin ceremony

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Australia mass shooting: Brother of Texas rabbi injured in attack speaks at Austin ceremony


In the wake of the Australia attack on Bondi Beach, Jewish community members flocked to join Governor Greg Abbott in the annual Hanukkah tradition, which looked different this year.

The traditional lighting of the menorah at the Capitol is typically held outside. However, with the recent attack, everyone piled into the Governor’s reception room for security reasons.

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The backstory:

There was a weight in the air you could almost feel as members of the Jewish community gathered for the annual Texas Capitol Menorah Lighting Ceremony.

The celebration comes only days after two gunmen killed 15 people and injured about 40 others at a Hanukkah event in Sydney, Australia.

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“We have enhanced security, making sure celebrations will take place peacefully and respectfully,” said Governor Greg Abbott.

The terror attack hits home for many. One of the victims is a fellow Texan, Rabbi Liebel Lazaroff, who remains in the ICU fighting for his life.

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“An attack on Jews anywhere is an attack on us.”

Rabbi Liebel Lazaroff and his father. 

Liebel’s siblings drove in from College Station, and his brother, Rabbi Menachem Lazaroff, spoke about his brother’s heroic actions on Bondi Beach.

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“[Liebel] saw, close by, an Australian police officer who was injured and critically bleeding,” said Rabbi Menachem Lazaroff. “He ran over to him, took the shirt off his back, and applied a tourniquet and saved the man’s life.”

Liebel was shot twice while trying to save the Australian police officer. All of this unfolded as Liebel’s boss and mentor died right next to him. He was identified as Rabbi Eli Schlanger.

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“[Liebel] said, ‘I could’ve saved the rabbi,’” said Rabbi Menachem Lazaroff. “[Liebel] said ‘Rabbi Schlanger has a family, a wife and children. I’m just a young boy. I could have done something, and I wish I would’ve done more.’”

The 20-year-old rabbi has undergone several surgeries and has more ahead of him before he can begin what will be a long road to recovery.

“He’s a good man, and he’s tough, but it definitely made me emotional for sure, and I’m proud of him,” said Rabbi Menachem Lazaroff. “I’m proud of who he is and what he represents.”

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During the eight days of Hanukkah, one candle is lit each night until all eight are burning. On Thursday night, the fifth candle was lit, the symbolic transition of there being more light than darkness.

​The Lazaroff family is seeking donations to cover Liebel’s medical bills. Here’s a link if you would like to help.

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The Source: Information from statements at the Texas Capitol Menorah Lighting Ceremony and previous FOX 7 Austin coverage

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