Ethics Complaint Filed Against Judge Who Gave Bible to Amber Guyger After Murder Trial
Judge Tammy Kemp, of Texas' 204th District, faces an ethics complaint from the Freedom From Religion Foundation for her reaction at the end of former Texas police officer Amber Guyger's trial for murdering Botham Jean.
October 03, 2019 at 04:42 PM
5 minute read
A Texas judge is in the hot seat over what happened after a murder trial that gripped the nation and caused tears and protests.
Judge Tammy Kemp, of the 204th District, wiped tears from her eyes at the moment when in a victim impact statement, Botham Jean's brother, Brandt, gave a long embrace and forgiveness to former Texas police officer Amber Guyger, who was on trial for murdering Botham Jean.
But what happened next has some attorneys questioning whether Kemp violated judicial ethics rules, and possibly the Constitution's guarantee of separation of church and state.
In a move that observers concede was touching on a human level, the judge gifted her personal Bible to Guyger, and instructed her to study a specific verse: John 3:16, which talks about God's love, and promises eternal life to anyone who believes in him.
Kemp then said she believed in Christ, and that Guyger had not done something so bad that she couldn't be forgiven. Her gesture of compassion toward Guyger came when the official trial was over, and after Botham Jean's survivors had delivered their off-the-record victim-impact statements.
Watch the full video:
But critics say the judge crossed the line.
"These proseletyzing actions overstepped judicial authority, were inappropriate and were unconstitutional," said a judicial conduct complaint that the Freedom From Religion Foundation filed Thursday with the Texas Commission on Judicial Conduct.
Austin solo practitioner Lillian Hardwick, an expert on judicial ethics in the Lone Star State, said that Kemp's conduct is the type of thing that could draw a sanction.
"They are not the actions of an impartial judge," Hardwick said.
Hardwick said judicial canons require a judge to maintain decorum in proceedings, never show bias or prejudice, always remain impartial, and promote public confidence in the integrity of the judiciary. She said the rules specifically prohibit a judge from performing duties in a way that manifests bias or prejudice based on religion.
The interaction went viral on social media, and attorneys across the nation began questioning the propriety of the judge's public display of religion in a courtroom.
"I'm a very religious person but I do not think it's ok for a judge to do this," said a tweet by Jason Steed, counsel at Kilpatrick Townsend & Stockton in Dallas.
In a reply tweet, Jared Cook, an attorney at Adams Leclair in Rochester, New York, wrote, "Not in open court like that. I wouldn't be as concerned if the judge met with her in private later."
Methfessel & Werbel associate Jason Dominguez of Edison, New Jersey, added in a tweet, "Christian. Lawyer. This was completely inappropriate and very likely against the judicial canon and most definitely violates the First Amendment."
Read the tweets:
I'm a very religious person but I do not think it's ok for a judge to do this https://t.co/5xx9sxWQPV
— Jason P. Steed (@5thCircAppeals) October 3, 2019
However, Dallas County Criminal District Attorney John Creuzot wrote in an email that he does not believe the judge did anything wrong.
"It wasn't a legal or ethical violation in my opinion. She is human and responded in a very human way. I do not believe it will have any bearing on her impartiality or become an issue for post-trial motions," said Creuzot.
One of Guyger's defense lawyers, Robert Rogers, said that the people questioning whether Kemp's embrace of Guyger implicates her impartiality as a judge are taking an extremely cynical view of what happened.
"Those people didn't live this trial. This trial is a one-in-a-billion circumstance, that had extreme emotions throughout it, and there was good on both sides. The judge lived through it. She saw this as a unique circumstance. She hugged the Jean family. She was crying when the father was testifying. The judge was just experiencing the emotions of a human being," said Rogers, of counsel at Lyon, Gorsky & Gilbert in Dallas. "For anyone to say it has any bearing on her ability to be fair is taking a cold, narrow, cynical view of a judge's role."
Rogers added that when Kemp spoke to Guyger, it struck him as an incredible way to humanize herself and start the rehabilitation process for the Jeans family and Guyger. Brandt Jean's statement of forgiveness and love toward Guyger, and seeing the pair embrace in court was also amazing, he said.
"It was the most humbling and gracious action that I've ever seen in my legal career. For him to have the courage to get up there, and exemplify what he truly believes, was one of the bravest examples of grace I've ever seen in my life, and definitely one of the most amazing moments I've ever witnessed in the courtroom," Rogers recalled. "I lost it. I've never lost it like that. There wasn't a dry eye on the defense team."
Kemp didn't respond to a call seeking comment.
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