Judge Tammy Kemp recused from DA John Creuzot’s contempt case

DALLAS - State District Judge Tammy Kemp has been removed from presiding over the contempt of court case she brought against Dallas County District Attorney John Creuzot.

Judge Kemp held Creuzot in contempt during the murder trial for former Dallas police officer Amber Guyger. She said he violated a gag order.

Creuzot sat for an interview with FOX 4 several days before the trial and answered questions, including some about the trial. The interview aired the night before the trial.

Visiting Judge Bob Brotherton made the decision Friday morning at the Frank Crowley Courts Building in Downtown Dallas.

The hearing lasted less than 30 minutes. Judge Kemp was not allowed to be in the courtroom because she was the subject of the hearing.

There were two issues decided: Whether Judge Kemp’s order blocking the DA's Office from defending Creuzot in this matter should stand, and whether she could preside over the contempt case.

The judge said no to both of those issues.

When Judge Kemp found out about Cruezot's comments regarding the Guyger trial, she could not hide her frustration.

“Our elected DA did an interview about this trial?” Judge Kemp asked.

That reaction was part of the reason Creuzot’s attorneys argued Kemp should not preside over the case. They believe she is biased and cannot be impartial.

“When the business of judging becomes personal, the judge needs to walk away. In all the wisdom that I’ve learned... I’m a former sportswriter and legal analyst. I learned more from having been a sportswriter and having done TV than those dusty law books. And it’s true that ultimately, No. 1, when the business of judging becomes personal, our judicial heritage is rich in texture that the judge needs to walk away,” said Attorney Brian Wice.

Wice added that it "underscores the deep-seated bias and prejudice and animus that she's demonstrated."

Creuzot’s attorneys also argued the gag order was unconstitutional and said, either way, he did not violate it.

Lead prosecutor in the Guyger trial, Jason Hermus, FaceTimed his testimony from Canada, where he is visiting family.

“She had told me to stop defending my boss,” he said.

He talked about a meeting with Judge Kemp in chambers after she learned of Creuzot's comments, saying she referenced the DA's policy on not arresting some low-level offenders.

Creuzot's attorney asked Hermus if that had anything to do with the Guyger trial, or if it had to do with the fact that Cruezot “violated her gag order.”

“Not that I could see, no,” Hermus answered.

Wice worked to show Judge Brotherton that Kemp had her mind made up about Areuzot's actions.

Guyger’s co-counsel, Toby Shook, was subpoenaed by Creuzot's defense, and asked if he thought Judge Kemp believed Cruezot purposely violated the gag order.

“I believe that was her intent. I don’t believe she thought it was inadvertent,” Shook said.

Shook was also asked about her “temperament and demeanor” during the meeting in her chambers.

“She was upset and angry at some of the...in her exchange with Mr. Hermus,” he testified.

Judge Brotherton ultimately removed Judge Kemp from the case and threw out her order barring the DA's Office from representing Creuzot.

UNT Dallas Law School professor Mike Howard watched the hearing.

“Our legal system is based on that the judge should always remain neutral, and that even if there’s a perception or concern of bias, that they should be recused,” he said.

The contempt of court case against Cruezot will go on as planned, just without Judge Kemp.

No date has been set yet.

For the case to move forward, a judge has to be selected to hear the case, and it could be the same judge from Friday’s hearing, Judge Brotherton.

A special prosecutor also has to be named to try the case.