
New Orleans judge files criminal case against CBS affiliate over reporting
Kimya Holmesâ lawsuit over a news segment on a real-estate transaction invokes law that no longer exists
A New Orleans state court judge filed a police complaint against a local CBS affiliate after it aired a segment scrutinizing a real-estate transaction in which she was involved, with the jurist invoking a section of law that no longer carries criminal penalties, according to the journalist who reported the story.
The situation centering on New Orleans criminal court judge Kimya Holmes and investigative reporter David Hammer was only the latest in a series of high-profile matters pitting Louisiana journalists against members of the stateâÂÂs court system.
Deputies at the New Orleans criminal courthouse handcuffed HammerâÂÂs WWL Louisiana colleague, investigative producer Danny Monteverde, and an attorney for their station â Elana Beiser â in early July while the outlet covered an indictment filed against the stateâÂÂs attorney general, which was ultimately dismissed.
And in August, a state court jury awarded a $300,000 verdict to Louisiana supreme court justice Jeff Hughes, who sued the Advocate newspaper for libel over an editorial â an outcome some US press freedom defenders fear could weaken the âÂÂactual maliceâ legal standard which has long governed such cases.

Hammer, whose channel is a Guardian reporting partner, published a 24 August story exploring how a $765,000 home was donated to Holmes in 2025 by a man to whom she was engaged at the time.
Holmesâ then-fiancee, accountant Arthur Allen, had been criminally charged weeks earlier with fraudulently collecting more than $712,000 in Covid-19 pandemic relief that was taxpayer-funded.
The judge told Hammer she didnâÂÂt start dating or become engaged to Allen until four years after he had committed the crime for which he was charged. She maintained she didnâÂÂt learn about his charges until close to the time he pleaded guilty in April â after the couple had broken up.
HammerâÂÂs report on Holmes, Allen and the gated community home he donated to her â in which she continued to live while he paid the mortgage â arrived as she prepared for a tough 3 November re-election race against a fellow judge whose section of court was eliminated by a new law.
And on 10 September, a little more than two weeks after HammerâÂÂs story, the New Orleans criminal courthouseâÂÂs judicial administrator sent WWL a letter demanding it remove a public record showing the address of the house Allen gave Holmes, the outlet reported on Tuesday.
Judicial administrator Robert KazikâÂÂs letter furthermore demanded that WWL remove images of the license plate number of a Corvette leased by Allen that had been photographed by a station source while it was parked in the courthouse garage in August. KazikâÂÂs letter also requested that WWL reveal who photographed the Corvette.
KazikâÂÂs letter cited a Louisiana law that gave âÂÂthird partiesâ including the news media three days to unpublish certain kinds of personal information about a judge once a judicial administrator requested it. It also made violations of that law a misdemeanor crime punishable by up to 90 daysâ imprisonment and a $1,000 fine.
Yet the Louisiana legislature repealed both the portions of the law requiring news outlets to remove published information and making it a misdemeanor if they donâÂÂt do so. Those repeals took effect on 1 August â before HammerâÂÂs reporting on Holmesâ donated house as well as KazikâÂÂs letter.
Hammer reported on Tuesday that WWL reacted to KazikâÂÂs letter by having videos with the information that the judicial administrator mentioned taken offline on the morning of 11 September. The outlet reposted them later with the address and license plate numbers blurred.
Nonetheless, WWL said it refused to disclose who photographed the Corvette. And on 11 September, Holmes filed a criminal complaint with the New Orleans police department (NOPD) against WWL for allegedly âÂÂrevealing her home address and vehicle informationâÂÂ.
The outlet sought comment on the police complaint from New Orleans media lawyer Scott Sternberg, who lobbied for the repeals that took effect in the beginning of August.
Sternberg, who represented the Advocate newspaper against the state supreme court justice Hughes, said he believed the repeals were necessary because those portions were âÂÂwildly unconstitutionalâÂÂ, with press freedom being a fundamental US right.
âÂÂI canâÂÂt imagine a public official filing a criminal complaint in response to reporting that, based on my own opinion of it, seems to be accurate,â Sternberg remarked. âÂÂI mean â it was a real estate transaction.âÂÂ
Hammer confirmed that the accuracy of his reporting on Holmes and Allen was never challenged, prompting Sternberg to say âÂÂit wouldnâÂÂt warrant a criminal complaintâ even if it had been inaccurate.
Sternberg added that neither KazikâÂÂs letter nor the police complaint âÂÂhad any force or effect and thatâÂÂs probably why ⦠NOPD isnâÂÂt coming down here to arrest you â because there hasnâÂÂt been a crimeâÂÂ.
Hammer said WWL asked Holmesâ campaign spokesperson what the legal basis of the criminal complaint against the station was. The outlet also asked if Holmes knew that her complaint relied on a section of law that was no longer on the books.
The spokesperson replied with an email forwarded by Holmes that in part had an out-of-date version of the relevant law attached to it. That version of the law â still carrying the criminal penalties â came from LouisianaâÂÂs legislative website which had not been updated according to records from the state legislatureâÂÂs most recent session.
A state legislature spokesperson told WWL that updating laws on the legislative website can take âÂÂmany monthsâÂÂ. The spokesperson also pointed to a website disclaimer which made âÂÂno guarantee ⦠to its accuracyâ â and said âÂÂthese provisions and annotations have not been edited for publication and are not official or authoritativeâÂÂ.
The email which Holmes forwarded originally came from state appellate court judge Tiffany Gautier Chase on 26 August, two days after HammerâÂÂs report on the house donated by Allen. ChaseâÂÂs email notified judges of âÂÂprotections against the dissemination of certain personal informationâÂÂ.
WWL reported that its attorney, Mary Ellen Roy, wrote to the NOPD to make sure the detective assigned to Holmesâ complaint was aware of the updated law.
Roy also wrote to the NOPD that WWL expected the detectiveâÂÂs investigation into the judgeâÂÂs complaint âÂÂto be closed, forthwithâÂÂ.
The NOPD said on Tuesday that its investigation into WWL was continuing.
