The federal judge who formerly presided over the cases of the five former Memphis Police officers charged in the 2023 death of Tyré Nichols could be deposed over his recusal from the case.

During a court hearing Wednesday, June 25, Martin Zummach, who represents former officer Justin Smith, told U.S. District Judge Sheryl Lipman, who is now overseeing the case, that he would soon file a motion to depose or take statements from U.S. District Judge Mark Norris and members of his staff. 

That motion could come from Zummach alone or in the form of a joint motion from Zummach and defense attorneys representing the other former officers, Zummach said. 

Judge recusal adds turmoil to sentencing of former MPD officers

Zummach asked Lipman for guidance on how to proceed with the deposition of a sitting judge. 

“I have no idea,” Lipman said.

Lipman said she would allow the motion to be filed, allow government prosecutors to respond and then research how to move forward.

Norris, who oversaw the case from its 2023 inception, suddenly recused himself June 13 for an unknown reason. The recusal order was filed under seal, meaning it is not publicly accessible. 

The recusal pushed off the sentencing hearings for Smith and his codefendants, which were set to happen just days after Norris recused himself.

The five former officers could now be sentenced as late as October. Three of them were convicted in federal court in October 2024 for their roles in Nichols’ January 2023 death. 

Zummach declined to comment about the plan to depose Norris after Wednesday’s hearing, but suggested Norris’ recusal is serious. 

“Not one of us had anything remotely similar to this happen,” Zummach said, referring to himself and the other defense attorneys.

“This is completely uncharted. That’s how serious this is.”