DALLAS - The attorney representing Dallas County District Attorney John Creuzot believes Judge Tammy Kemp exceeded her authority in disqualifying the D.A.'s office from representing their boss.
Kemp called a contempt of court hearing for Cruezot when he was in a FOX4 interview about the Amber Guyger case after her gag order went into effect and before the trial started.
Houston attorney Brian Wice is now leading the battle for Creuzot against Kemp. He said in a court filing the contempt proceedings are “the poisonous fruit of her unconstitutional gag order ... the order did not prohibit interviews or discussing the case with the media.”
UNT Dallas Law Professor Mike Howard said the wrangling will make for an interesting legal battle.
“Once Cruezot files the motion to recuse Judge Kemp, the law’s pretty clear that the judge sends the case on to the administrative district judge and that’s it and so any action after that is void,” Howard said.
Kemp disqualified the D.A.'s office from defending Creuzot after the office filed a motion to have her recused from the case. She cited case law that says the prosecution cannot act against the state. In this case, Kemp represents the state.
But by law and the state constitution, the D.A. is required to represent the state in all criminal cases -- including contempt of court.
“What we have is, what makes it such an interesting case, is we have two aspects of the law that seem to collide and so eventually that’s what this judge is going to have to decide,” Howard said.
“We may or may not get that answer because at the end of the day, Judge Creuzot's lawyers argument that any action that Judge Kemp took after that recusal is void,” Howard said.
D.A.'s and their offices have been removed from cases, but in extremely strict circumstances.
“What this judge will have to decide is, is this one of those circumstances?” Howard said.
More motions will likely filed by both sides. There is no date set yet by Judge Bob Brotherton for any court proceedings.