ANGLETON, Texas – A Brazoria County attorney was held in direct contempt of court during a Brazoria County child custody trial this week after he “repeated a racial slur several times” while arguing outside the presence of the jury, according to court records.
The incident happened Tuesday, May 5 during a jury trial in Brazoria County Family Court involving a custody modification case.
Recommended Videos
A court docket entry states attorneys Brenda DeRouen and Michael Phillips appeared during a modifying custody case.
The docket entry then states:
“Outside the presence of the jury, and on the record, during arguments [attorney Michael] Phillips repeated a racial slur several times and Court found the conduct to be an act of direct contempt.”
Court proceedings recessed shortly afterward and resumed the next morning.
Brenda DeRouen, one of the attorneys present during the exchange, described the incident as “deeply disturbing” in a statement provided to KPRC 2 News.
“I was deeply disturbed by conduct that occurred during the proceedings when opposing counsel repeatedly used a racial slur in open court under the guise of ‘evidence,’ despite the manner and context in which it was presented having no legitimate evidentiary purpose,” DeRouen said. “The comments were unnecessary, demeaning, and came across as taunting rather than advocacy.”
DeRouen, who identified herself as a Black woman attorney practicing in Texas family courts, said the moment underscored broader concerns about professionalism and respect in courtrooms.
“Attorneys should be able to advocate fiercely for their clients without being subjected to racially charged conduct that undermines professionalism and dignity in the courtroom,” she said.
Despite the incident, DeRouen said the jury ultimately returned a verdict in favor of her client.
“We remain proud that the focus ultimately stayed where it belonged: the evidence, the law, and the best interest of the child,” she said.
She also said attorneys across Brazoria County had offered support following the courtroom exchange.
“We respect the Court’s decision to hold opposing counsel in contempt,” DeRouen said. “This moment is bigger than one case. Courtrooms should be places where justice is pursued with professionalism, not intimidation.”
Phillips disputed the characterization of the incident in a statement sent to KPRC 2 News saying the comments occurred during a late-evening evidentiary hearing outside the jury’s presence while he was objecting to evidence, he described as inflammatory.
“Despite my consistent objection, virtually every single day of the three week trial, opposing counsel repeatedly used the n-word with a hard r in the jury’s presence,” Phillips said. “A statement was made in which the word was recited to the Judge, about the repeated use of the inappropriate word, NOT a derogatory statement made towards opposing counsel in any way.”
Phillips said he apologized immediately afterward.
“An immediate full and sincere apology was announced at the first opportunity to everyone present when the n-word statement was made,” he said.
He also accused opposing counsel of using media attention to damage his reputation.
“It is unfortunate that opposing counsel has strategically attracted the media to slander our reputation in an attempt to hold us accountable for a standard to which she does not hold herself,” Phillips said. “Racial slurs have no place in our court system, regardless of your race.”
Court records reviewed by KPRC 2 News do not yet indicate whether sanctions beyond the contempt finding have been imposed.
Michael Phillips’ full statement:
“This incident occurred at approximately 5:00 PM, Tuesday, May 5th, 2026, at a time in which the front doors of the courthouse are locked, and the jury was not present in the Courtroom. We were having a hearing over admitting a piece of inflammatory evidence to which I was actively objecting.
Despite my consistent objection, virtually every single day of the three week trial, opposing counsel repeatedly used the n-word with a hard r in the jury’s presence. A statement was made in which the word was recited to the Judge, about the repeated use of the inappropriate word, NOT a derogatory statement made towards opposing counsel in any way.
An immediate full and sincere apology was announced at the first opportunity to everyone present when the n-word statement was made. It is unfortunate that opposing counsel has strategically attracted the media to slander our reputation in an attempt to hold us accountable for a standard to which she does not hold herself. Racial Slurs have no place in our court system, regardless of your race.”
Brenda Derouen’s full statement:
“I was deeply disturbed by conduct that occurred during the proceedings when opposing counsel repeatedly used a racial slur in open court under the guise of “evidence,” despite the manner and context in which it was presented having no legitimate evidentiary purpose. The comments were unnecessary, demeaning, and came across as taunting rather than advocacy.
As a Black woman attorney practicing in Texas family courts, I am acutely aware of how isolating these moments can feel. Black women make up only a very small percentage of attorneys in this country, and even fewer are lead trial counsel in high-conflict jury trials involving custody litigation. Attorneys should be able to advocate fiercely for their clients without being subjected to racially charged conduct that undermines professionalism and dignity in the courtroom.
Despite those challenges, the jury returned a verdict in favor of our client. We remain proud that the focus ultimately stayed where it belonged: the evidence, the law, and the best interest of the child.
We also want to acknowledge the overwhelming support we have received from attorneys throughout Brazoria County. Members of the legal community, from different backgrounds and practices, have reached out privately and publicly to stand in solidarity with us and to reaffirm that professionalism, respect, and dignity still matter in the practice of law. That support has meant more than words can express.
We respect the Court’s decision to hold opposing counsel in contempt, and while no further action has occurred at this time, we believe in the integrity of the justice system and trust that the Court will continue taking the necessary steps to ensure litigants, witnesses, jurors, and attorneys feel safe, respected, and protected inside our courtrooms.
This moment is bigger than one case. Courtrooms should be places where justice is pursued with professionalism, not intimidation. Advocacy does not require humiliation, and justice should never come at the expense of human dignity."