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December 2010

Kent bid for new sentence rejected

Federal judge upholds earlier magistrate ruling

Houston Chronicle  

12-13-10 -- Another federal judge has formally rejected a request by convicted former U.S. District Judge Samuel Kent to have his sentence reconsidered in part because of "inhumane" treatment he claimed to have suffered while serving his 33-month prison sentence. . . . Senior U.S. District Judge Roger Vinson accepted a U.S. magistrate's earlier recommendation that Kent's sentence not be reconsidered and that Kent's request for a hearing be denied, according to an order filed in the U.S. District Court in Houston on Dec. 8.

August 2010

He Never Saw "Shawshank"?: Imprisoned Ex-Judge Shocked, Shocked to Discover Rape and Stuff

By Brenda Sapino Jeffreys | Texas Lawyer | New York Lawyer

08-06-10 -- Graphic allegations in former U.S. District Judge Samuel B. Kent's court documents Former U.S. District Judge Samuel B. Kent alleges the Federal Bureau of Prisons has been “subjecting him to conditions tantamount to psychological and physical torture” since he began serving a 33-month prison sentence in June 2009. He additionally alleges that at the Lake Butler Reception Center for intake into the Florida Department of Corrections he was physically and mentally abused by Florida state prison guards, forced to “helplessly” listen to the screams of a man being “violently raped” in an adjoining cell, and forced to “strip naked and perform a painful and repetitive series of humiliating exercises.” . . . Kent, a former federal judge in Galveston, is asking a judge to vacate and correct the sentence he’s currently serving in a Florida state prison. Kent’s allegations are contained in the motion to vacate, set aside or correct his sentence and in a graphic memorandum supporting the motion he filed Aug. 2.

Ex-judge says prison unfair, 'cruel' to him

Kent alleges inhumane treatment and asks his sentence be shortened

By Lise Olsen, Houston Chronicle 

08-03-10 -- As a prisoner, former U.S. District Judge Samuel B. Kent has been shunted into solitary confinement, forced to hear the screams of another inmate being raped and ordered by a "cruel" sergeant in the Florida prison system to do calisthenics in the nude, according to allegations in a federal court memorandum filed Tuesday. . . . Kent has requested that his 33-month sentence be vacated and adjusted based on his allegations of inhumane and unfair treatment. . . . The former Galveston-based federal judge was impeached by Congress and resigned in June 2009 after being convicted of obstruction of justice. He admitted in a related plea deal that he lied about having repeated unwelcome sexual contact with two female court employees. . . . In legal action this week, Kent argues he has been unjustly labeled a sex offender by the federal Bureau of Prisons and wrongly excluded from a substance abuse treatment program that could have reduced his sentence by as much as a year. The court filings argue that U.S. District Judge Roger Vinson, a senior judge from Florida, also believed Kent would be treated more fairly and would qualify for the program at the time of sentencing.

November 2009

Kent moved to protective custody in Florida

Concerns for former federal judge's safety lead to transfer

By Stewart M. Powell, Washington Bureau   

11-6-09 -- Imprisoned former federal Judge Samuel Kent has been quietly transferred from a federal prison hospital in Massachusetts to protective custody at an undisclosed location in the Florida state prison system because of unspecified concerns over his safety, officials said Friday. . . . Federal and state officials said the transfer appeared to be a precaution against a potential inmate attack on the longtime jurist rather than a response to any specific incident. . . . Houston attorney Dick DeGuerin, who represents Kent, said “it would be unusual, almost an aberration” for the 60-year-old former jurist to encounter anyone inside prison who he had once sentenced because most of Kent's caseload had been civil law and maritime cases.

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July 2009

White House Accepts Convicted Federal Judge's Resignation

Suzanne Gamboa, The Associated Press, Law.com

7-1-09 -- The White House has accepted the resignation of an imprisoned federal judge whom the House impeached on allegations of sexually assaulting two women and lying about the assaults. . . . President Barack Obama's acceptance of U.S. Judge Samuel Kent's resignation, effective Tuesday, ends Kent's $174,000 annual judicial salary, as many members of Congress wanted. Kent will have to wait at least a week for the Senate to decide whether to end his impeachment trial. Congress is adjourned this week for the July 4 holiday. . . . White House counsel Gregory Craig sent a letter to Kent on Monday saying Obama accepted the resignation.

June 2009

Federal Judge Resigns Again, This Time Effective Tuesday

House of Representatives will decide what further action is necessary in the wake of Kent's new resignation letter

Brenda Sapino Jeffreys and John Council, Texas Lawyer

6-29-09 -- U.S. District Judge Samuel B. Kent of the Southern District of Texas, who is currently serving a 33-month prison sentence after he pleaded guilty to obstruction of justice, now plans to resign on Tuesday, instead of June 1, 2010. . . . On Wednesday, Kent gave a new resignation letter to Senate Sergeant at Arms Terrance W. Gainer when Gainer served a summons on Kent in prison. . . . On June 19, the U.S. House voted to impeach Kent, and on Wednesday, several House members delivered Articles of Impeachment to the Senate, which eventually would have held a trial on Kent's impeachment. . . . The summons was related to the Senate investigation into the case against Kent. Because of the new resignation letter, Kent's impeachment is up in the air. In a written statement, two House members who managed Kent's impeachment in the House -- U.S. Rep. Adam Schiff, D-Calif., and U.S. Rep. Bob Goodlatte, R-Va. -- said that after Kent's new resignation is accepted by the president, the House will decide what further action is necessary.

Shaheen misses chance to sit in judgment of judge

Paul Briand, Manchester Democrat Examiner

6-29-09 -- New Hampshire U.S. Sen. Jeanne Shaheen had a unique opportunity ahead -- to sit on the impeachment panel of a federal judge. But the opportunity was short lived because the judge -- Samuel Kent -- decided to resign from the post. . . . It would have been an interesting process to watch play itself out. Kent is the first federal judge in history to be indicted for alleged sexual crimes. . . . He is a convicted felon, being held at time at the Devens Federal Medical Center in Massachusetts on an obstruction of justice charge that was part of a plea bargain, which also called for dismissal of the other charges against him. He admitted to sexually molesting two women who worked for him when he served as the federal judge in Galveston, Texas. . . . Congress got involved with Kent's reluctance to resign his judgeship immediately. He had offered to resign in mid-2010 to pull down another year's worth of salary, about $174,000.

From behind bars Kent resigns from bench

By Chris Paschenko, The Galveston County Daily News

6-26-09 -- Faced with possible removal from the bench by an impeachment conviction in the U.S. Senate, U.S. District Judge Samuel B. Kent decided to resign 11 months earlier than he originally had announced, officials said. . . . In a June 2 letter to President Barack Obama, Kent announced he intended to resign next June from the federal bench he held in Galveston for almost 20 years. The move would have allowed him to continue drawing his $174,000 annual salary for another year. . . . Following June 19’s impeachment by the U.S. House of Representatives, the U.S. Senate on Wednesday summoned Kent, 60, to file an answer to four articles of impeachment ahead of a possible Senate trial, which would be the only way to remove him from his lifetime appointment to the bench. . . . When Kent was served Wednesday afternoon with the summons at the Federal Medical Center Devens administrative prison in Ayer, Mass., he signed a new letter of resignation, which was dated June 30 of this year, said a spokeswoman for Harry Reid, the Senate majority leader.

Senate Appoints Panel to Investigate Impeached Judge

Though sentenced to 33 months in prison, Kent has refused to resign and continues to draw a salary as if he were still hearing cases

David Ingram, The National Law Journal

6-25-09 -- The Senate has begun the process of putting impeached Judge Samuel Kent on trial. Senators heard a preview Wednesday morning of the evidence against Kent, took a constitutionally required oath to do justice in the case and appointed a 12-member committee to investigate and present evidence to the full Senate. . . . Kent, who is being held in a Bureau of Prisons medical facility, faces removal after the House of Representatives last week adopted four articles of impeachment against him. Kent pleaded guilty in February to obstruction of justice, just before he was to go on trial over charges that he sexually abused two court employees. He was sentenced to 33 months in prison and has refused to resign, continuing to draw a salary as if he were still hearing cases in the Southern District of Texas.

Senate to receive Kent’s impeachment articles

By Chris Paschenko, Galveston County Daily News

6-24-09 -- Members of the U.S. Senate are expected to receive today four articles of impeachment against Judge Samuel B. Kent. . . . A timetable, however, remains unknown for events that could culminate in a possible Senate trial against Kent. Impeachment by the House and a conviction in the Senate is the only means of removing the incarcerated federal judge from his lifetime appointment to the bench. . . . The House of Representatives overwhelmingly approved Kent’s impeachment Friday. . . . Two former employees, Kent’s caseworker and secretary, accused the judge of sexual misconduct, charges that federal prosecutors dropped in exchange for Kent’s guilty plea Feb. 23 to a felony obstruction of justice charge.

House Impeaches Imprisoned Federal Judge

David Ingram, The National Law Journal

6-22-09 -- The House of Representatives unanimously approved four articles of impeachment Friday against Judge Samuel Kent, who is serving time in a federal medical facility after pleading guilty in February to obstructing an investigation into allegations of sexual harassment. . . . House members said that Kent forced them to vote by his refusal to resign immediately. . . . "This is the first time a federal judge has been convicted of a felony, has reported to prison, and has still not resigned from his office. This shows how deep Judge Kent's audacity truly runs," said Rep. Bob Goodlatte, R-Va., the top Republican on a bipartisan task force that recommended Kent's impeachment. . . . Rep. Adam Schiff, D-Calif., the chairman of the task force, said there would have been "a stain on the Congress" if it had not acted. . . . Kent's case will now head to the Senate, which is expected to hold a trial and vote on removing him unless he first resigns. The action Friday marks the first impeachment of a federal judge since 1989, when the House leveled accusations against then-Judge Walter Nixon. The Senate later removed Nixon.

You can view the four article impeachment resolution at this link.

U.S. House impeaches Kent

By Stewart Powell Copyright 2009 Houston Chronicle

6-19-09 -- The House today impeached imprisoned U.S. District Court Judge Samuel B. Kent and sent his case to the Senate for trial. . . . The Senate is expected to quickly convene a trial – possibly within a matter of weeks – to cut off the judge’s $174,000 annual federal salary. . . . The House overwhelmingly adopted four articles of impeachment against the 59-year-old jurist on rapid-fire roll call votes over the course of 30 minutes. . . . The vote on the first article of impeachment was 389-0. Not a single member of the House spoke on Kent’s behalf. . . . The charges accused Kent of abusing his power as a judge by sexually assaulting two female court employees as well as lying about his conduct to a judicial inquiry, the FBI and the Justice Department. . . . Rep. John Conyers, D-Mich., chairman of the House Judiciary Committee that urged impeachment, called Kent’s conduct “shocking and shameful.” . . . Rep. Sheila Jackson Lee, D-Houston, a member of the task force that investigated the case, said women across America deserve a “safe and secure workplace.” . . . Jackson Lee added: “We must act. We have no ability to ignore it.”

High crime could cut prison term

By Rick Casey, Copyright 2009 Houston Chronicle

6-16-09 -- U.S. District Judge Sam Kent, who checked himself into the hospital Tuesday — a federal prison hospital — has said that a problem with alcohol contributed to his sexual abuse of female employees. . . . It’s an age-old story, but experts say that’s not the kind of “high crime” that the Constitution has in mind as grounds for impeachment. . . . The impeachment train has already left the station anyway. . . . The House Judiciary Committee voted unanimously to recommend that he be impeached, and the full House of Representatives is expected to vote on it within a few weeks. . . . I don’t think it will go that far. I think Kent will revise the resignation letter he already submitted to President Barack Obama. He’ll change the date from next June 1 to the eve of the House vote on impeachment. . . . He’ll have two reasons. . . . One will be to avoid becoming a sordid historical footnote as one of the few federal judges to be impeached.

Kent starts his prison sentence

Federal judge reports in Massachusetts while still refusing to resign

By Stewart M. Powell, Copyright 2009 Houston Chronicle

6-15-09 -- Four months after pleading guilty to obstruction of justice, U.S. District Judge Samuel B. Kent entered a federal medical prison in Ayer, Mass., Monday to begin a 33-month sentence stemming from years of predatory sexual assaults on two federal courthouse employees. . . . The 59-year-old jurist surrendered to authorities at the Devens Federal Medical Center, a 1,300-bed facility west of Boston that houses felons requiring the long-term medical and mental health treatment that Kent has requested. . . . Linda Thomas, a spokeswoman at the headquarters of the U.S. Bureau of Prisons in Washington, D.C., confirmed Kent’s arrival at the facility. . . . Kent, the first federal judge to enter prison since 1991, has refused to immediately resign his post, which has triggered rare House impeachment proceedings to remove him and cut off his $174,000 annual salary. . . . The judge pleaded guilty to obstructing justice by lying to a judicial panel about his repeated sexual molestation of two former female employees, case manager Cathy McBroom, 50, and legal secretary Donna Wilkerson, 45.

A Clear Case for Impeachment

New York Times Editorial

6-11-09 -- The classic case of legal audacity is the man who kills his parents and demands sympathy because he is an orphan. A close second is the federal judge who pleads guilty to a crime against the justice system — and then insists on continuing to draw his salary from prison. That is the galling position of Judge Samuel Kent. The House should impeach him if he does not have the good sense to leave office. . . . Judge Kent, a federal district court judge from Texas, pleaded guilty in February to obstruction of justice for lying to officials who were investigating sexual harassment charges against him. As part of a plea deal, he admitted that he had had nonconsensual sexual contact with two female court employees. He was sentenced to up to 33 months in prison and is scheduled to enter jail next week.

House Judiciary Committee Votes to Impeach Federal Judge

John Council, Texas Lawyer

6-11-09 -- The House Judiciary Committee voted to impeach retired U.S. District Judge Samuel B. Kent by a 29-0 vote Wednesday, marking the first time in 20 years the body has taken that action against a federal jurist. . . . The four articles of impeachment the committee voted on alleged that Kent was guilty of "high crimes and misdemeanors" that warranted his removal from office. The first two articles of impeachment related to the "sexual assault" of two of his staff members at the federal courthouse in Galveston, Texas; the third involved his obstruction of justice; and the fourth was linked to his false statements to the FBI and the U.S. Department of Justice. . . . Kent pleaded guilty to obstruction of justice earlier this year and, in a factual statement he signed as part of the plea, he admitted to nonconsensual contact with his former court administrator Cathy McBroom and his former secretary Donna Wilkerson.

Pace Quickens for Impeaching Convicted Judge

Suzanne Gamboa, The Associated Press, Law.com

6-9-09 -- Members of Congress are moving quickly to force a convicted federal judge from Texas out of office so they can avoid paying his annual salary while he serves time in prison. . . . A task force formed by the House Judiciary Committee scheduled a meeting for Tuesday morning to begin considering what articles of impeachment -- essentially charges -- they want to recommend against U.S. District Judge Samuel Kent. . . . Kent, the first sitting judge to face sex crime charges, is headed to federal prison in a week to serve a 33-month sentence for lying to prosecutors about sexually abusing two female employees. Both women told their stories to the task force last week, saying they were cornered and forced to engage in sexual acts against their will. . . . Kent pleaded guilty to obstruction of justice charges last month. As part of the plea deal, he admitted he tried to force Cathy McBroom, his former case manager, into unwanted sex acts in 2003 and 2007, and did the same with Donna Wilkerson, his secretary, from 2004 through at least 2005. . . . The Associated Press does not normally name alleged victims of sexual abuse, but McBroom's attorney and her family have used her name in publicly discussing the case. Wilkerson knew her lawyer gave her name to reporters during Kent's trial.

Congress Appalled by Antics of Judge Kent

By Ashby Jones  Wall Street Journal Blogs 

6-5-09 -- Embattled federal judge Samuel Kent earlier this week agreed to step down from the federal bench — in 2010. Cynics charged that the move seemed designed to palliate Congress enough to keep impeachment at bay, so that Kent could keep his $174,000 salary for another year. . . . Well, the plan may be backfiring. On Wednesday, as the Houston Chron reports, Congress started fast-track impeachment proceedings against Kent, “galvanized by his bid to keep a $174,000 annual paycheck in prison and his predatory behavior toward his female employees.” . . . According to the Chron, the testimony given on Wednesday wasn’t pretty. Cathy McBroom and Donna Wilkerson, two former employees of Kent, testified that, according to the Chron, they for years “stayed silent as an often intoxicated U.S. District Judge Samuel Kent cornered them to inflict unwanted kissing, groping and occasionally furtive sexual touching.” . . . Members of the House Judiciary Committee sat “glued” to the testimony. Then they reacted: “A judicial reign of terror,” said Rep. Dan Lungren, (R-CA). . . . Rep. Sheila Jackson Lee (D-TX), personally apologized to the women on behalf of the federal government. “I am compelled to apologize for the treatment that you received,” said Jackson Lee. “Hopefully you will accept (the apology) knowing that your federal government and the judiciary overall is one that you can be proud of.”

House Panel Holds Hearing on Federal Judge's Crimes

Former secretary said she was 'sexually, psychologically abused, manipulated and controlled by Sam Kent'

Suzanne Gamboa, The Associated Press, Law.com

6-4-09 -- Two women who accused a federal judge of sexually assaulting them detailed the attacks and their fear of him Wednesday before a congressional panel considering impeaching the judge. . . . Cathy McBroom told lawmakers that U.S. District Judge Samuel Kent -- who's headed to prison in 12 days for lying about the abuses -- cornered her in a room near a security guard station after returning drunk from a long lunch. . . . "He had one arm around my waist and was using the other arm to pull up my blouse and bra, exposing my entire breast," said McBroom, a 50-year-old former case manager for Kent. "He also tried to force his hand down my skirt." . . . That attack happened in 2003, she said. The final assault occurred in 2007, she said. The assaults culminated with the judge pushing McBroom's head to his crotch and demanding oral sex, she said.

Retired U.S. District Judge Samuel B. Kent to Turn in Resignation Today

By John Council, Texas Lawyer

6-2-09 -- While the House Judiciary Committee Task Force on Impeachment is preparing to start hearings June 3 on retired U.S. District Judge Samuel B. Kent's impeachment, Kent won't be there, says his lawyer Dick DeGuerin. Not only that, Kent intends to turn in his resignation to President Barack Obama today, DeGuerin says, but the resignation isn't effective until a year from now. . . . "You know, they can make a spectacle of this if they want to, but we're not going to participate," says DeGuerin, a partner in Houston's DeGuerin & Dickson. . . . "Judge Kent will be giving notice to the president [in a letter] as soon as it's sent today that he's resigning his position as a district judge effective June 1, 2010," DeGuerin says. [See a copy of Kent's letter.] . . . There's a reason Kent is making his resignation effective one year from now, DeGuerin says. . . . "I figure that it will take at least that long for Congress and the Senate to go through all of the motions for impeachment. And he would be entitled to continue the health benefits that he has during that time. They can either have their spectacle or accept his resignation as tendered and go on to more important business that Congress has," DeGuerin says.

House Task Force to Hold Hearing on Impeachment of Federal Judge

John Council and Brenda Sapino Jeffreys, Texas Lawyer

6-1-09 -- Samuel B. Kent is set to report to federal prison on June 15, but even before the disgraced retired U.S. district judge begins to serve a 33-month sentence, the U.S. House will crank into high gear proceedings that could lead to Kent's impeachment. . . . The House Judiciary Committee Task Force on Impeachment has scheduled an evidentiary hearing on Kent's impeachment for Wednesday in Washington, D.C. Kent as well as Cathy McBroom and Donna Wilkerson -- the two former staff members he has admitted to sexually assaulting, as part of pleading guilty to obstruction of justice -- will testify, according to two Republican staff counsel for the committee. Arthur Hellman, a professor at the University of Pittsburgh School of Law who is an expert on judicial discipline, also is scheduled to testify about the impeachment process, the staff counsel say. . . . In February, Kent pleaded guilty to an obstruction-of-justice charge in exchange for the government dropping five sex abuse charges lodged against him in two separate indictments. Kent pleaded guilty to making false statements to the Special Investigative Committee of the 5th Circuit, which was investigating a complaint filed by McBroom, Kent's former case manager in Galveston.

May 2009

5th Circuit Urges Impeachment of Federal Judge, Denies Disability Status

Tony Mauro, The National Law Journal

5-28-09 -- In a one-two punch made public Wednesday on its Web site, the 5th U.S. Circuit Court of Appeals recommended that U.S. District Judge Samuel Kent be impeached and ordered that he not be given disability status. . . . Kent had pleaded guilty to obstruction of justice in connection with an investigation into charges that he sexually harassed court employees. He is scheduled to begin serving a 33-month prison sentence next month. Claiming alcoholism and mental illness, Kent sought disability status so he could continue drawing a salary while in prison. . . . But 5th Circuit Chief Judge Edith Jones, in a letter (pdf) Wednesday to Kent's lawyer, Dick DeGuerin, said no, asserting that "a claimant should not profit from his own wrongdoing by engaging in criminal misconduct and then collecting a federal retirement salary for the disability related to the prosecution." Jones did note that until he was indicted, Kent "continued to handle a high volume of cases expeditiously," and so did not appear to be disabled or impaired.

Judge Kent’s Apparent Effort to Collect Retirement Pay Meets a Roadblock

By Debra Cassens Weiss, ABA Journal

5-27-09 -- The judicial council for the New Orleans-based 5th U.S. Circuit Court of Appeals has dealt a blow to Judge Samuel Kent’s apparent efforts to collect retirement pay after his admission of nonconsensual contact with two court employees. . . . The 5th Circuit Judicial Council has recommended impeachment, the Houston Chronicle reports, and the circuit’s chief judge has rejected Kent’s request to be certified as disabled. Kent was sentenced to 33 months in prison earlier this month after pleading guilty to obstruction of justice in a plea bargain. . . . Kent would be too young to retire, but his disability claim could have allowed him to qualify for pay and benefits as a senior judge. Chief Judge Edith Jones noted Kent’s battle with diabetes, depression and alcoholism, but said in a letter posted today that he was ineligible for disability status, the story says.

House Approves Inquiry to Decide on Federal Judge's Impeachment

Suzanne Gamboa, The Associated Press, Law.com

5-13-09 -- The House took the first step Tuesday toward an impeachment process for a Texas federal judge who is headed to prison for lying about groping female employees. . . . The House passed a resolution introduced by Reps. John Conyers, D-Mich., and Lamar Smith, R-Texas, to start an investigative inquiry of Judge Samuel Kent of Galveston. . . . The inquiry will determine whether the House should impeach him. Conyers is the Democratic chairman of the House Judiciary Committee and Smith is the ranking Republican. . . . Smith declined comment Tuesday. A spokesman for Conyers could not be immediately reached.

33-Month Sentence for Federal Judge Samuel Kent in Obstruction Case

By Martha Neil, ABA Journal

5-11-09 -- Samuel Kent could have gotten up to 20 years in prison today, after pleading guilty earlier this year to a federal obstruction of justice charge. . . . But prosecutors recommended only a three-year prison term for the 59-year-old Kent. And he got slightly less than that from Senior U.S. District Judge Roger Vinson, who was brought in from Florida to hear the Houston-based case. Vinson, who wasn't bound by the government's three-year recommendation, sentenced Kent to 33 months in prison, according to the Associated Press and the Houston Chronicle. . . . Kent, who had been on the bench since 1990, pleaded in February to the obstruction charge. It was related to his admitted nonconsensual sexual contact between 2003 and 2007 with two female court employees while he was a sitting federal district court judge. At last report, Kent was planning to retire early due to an undisclosed disability. . . . Vinson faced a tough decision about the sentence, which will undoubtedly be scrutinized, law professor Arthur Hellman of the University of Pittsburgh tells the newspaper.

March 2009

Punish Judge Kent

Rogue jurist should be impeached

Copyright 2009 Houston Chronicle

3-8-09 -- Say this: Houston attorney Dick DeGuerin has plucked the emotional violins with practiced mastery. . . . Out from under a gag order, DeGuerin is portraying his client, U.S. District Court Judge Sam Kent, as a broken man deserving of sympathy in the face of a possible prison sentence. DeGuerin says Kent, who pleaded guilty of obstruction of justice for lying to a judicial committee investigating an allegation he sexually harassed an employee, should receive mercy — and his federal pension. He pleads in the court of public opinion that Kent was under stress because of the death of his wife during the time of the alleged misconduct — that he is an emotional basket case. . . . Cry us a river. DeGuerin’s weepy tune is off-key.

What's Next for Samuel Kent in Wake of Guilty Plea?

John Council and Brenda Sapino Jeffreys, Texas Lawyer

3-2-09 -- In September 2008, U.S. District Judge Samuel B. Kent of the Southern District of Texas spoke loudly and forcefully when entering a not guilty plea to sex abuse charges. But last week in a Houston courtroom his tone was markedly different as a clearly beaten Kent whispered "guilty" to an obstruction-of-justice charge. . . . "I accept your guilty plea," U.S. District Judge Roger Vinson of the Northern District of Florida told Kent in court. . . . Kent's decision to plead guilty to the obstruction charge on Feb. 23 in exchange for the government dropping five sex abuse charges -- combined with his lawyer's announcement that Kent was "retiring" from the bench -- will cost Kent any chance at a standard judicial retirement salary and most likely his bar card and freedom, five experts say.

February 2009

Wife’s Death Put Judge Kent in Downward Spiral,
His Lawyer Says

By Martha Neil, ABA Journal

2-27-09 -- A federal district court judge in Texas who has pleaded guilty to obstruction and faces a likely prison sentence went into a downward spiral after the death of his first wife in 2000 from a brain tumor, his lawyer says. . . . For several years following her death, which ended a more than 30-year marriage, Judge Samuel Kent was “a walking basket case,” attorney Dick DeGuerin tells the Houston Chronicle. “He’s not the same man since his wife, Mary Ann, died a long and tragic death. He probably should have taken off a year and gotten psychological help." . . . And, despite his misconduct between 2003 and 2007, Kent deserves the federal pension to which he will be entitled if he retires on disability after serving for 18 years on the bench, according to DeGuerin. He also says he hopes the sentencing judge will consider the good Kent has done when deciding in May whether to impose the three-year prison term the government is recommending.

Judge dissolves gag order in Kent case

By Mary Flood Copyright 2009 Houston Chronicle

2-26-09 -- An unprecedented gag order in the Judge Samuel Kent criminal case was lifted today. . . . Senior U.S.District Judge Roger Vinson granted media requests that he dissolve a gag order he extended over lawyers and witnesses in the case even after Kent pleaded guilty Monday to obstruction of justice and acknowledged that he’d had unconsensual sexual contact with two female employees. . . . Vinson did not explain Monday why he extended the gag order, which he’d put in place to avoid tainting potential jurors. . . . In his order today,Vinson said he was worried about the privacy rights of “a number of individuals” who were discussed in the many closed hearings he held, some about allegations of Kent’s alleged unwanted contact with a series of women. . . . “Despite my initial concerns, it now appears that some of those who are entitled to privacy under the evidentiary rules do not seek or desire continued privacy protection, and those who do desire continued privacy protection do not need or require any further protection by way of this court’s order,” wrote Vinson, a Florida judge overseeing the Kent case.

Lawyer says Kent deserves pension

By Mary Flood Copyright 2009 Houston Chronicle

2-26-09 -- Judge Samuel Kent is a psychologically broken man who served well on the bench for 18 years and deserves mercy and his pension, his lawyer said Thursday. . . . In the first interview he gave on the Kent case since a gag order was imposed last fall, Kent’s lawyer Dick DeGuerin told the Houston Chronicle that he would not discuss the particulars of the case but he would talk about the plight of his client. . . . “The truth is he’s been a walking basket case for several years,” DeGuerin said. “He’s not the same man since his wife, Mary Ann, died a long and tragic death. He probably should have taken off a year and gotten psychological help.” . . . Kent’s first wife of more than 30 years had a brain tumor and died in 2000. . . . DeGuerin, able to discuss the case because the gag order was lifted Thursday, said Kent threw himself into his work. . . . “Any conduct he’s accused of in this case happened since then,” said DeGuerin.

The Judge Sam soap opera continues

By Rick Casey Commentary, Copyright 2009 Houston Chronicle

2-24-09 --You may have thought the Judge Sam soap opera was over when he pleaded guilty to obstruction of justice Monday and his lawyer announced in open court that he was retiring. . . . It’s not. Federal judges such as Samuel Kent, who is 59, can’t retire until they are 65. They can only resign. . . . With one exception: If a judge is permanently disabled and incapable of performing his duties, he can ask the president for early retirement. . . . I’m confident both Kent and his defense attorney, Dick DeGuerin, were quite aware of the rules, as codified in Title 23, Section 372 of the U.S. Code. Hundreds of thousands of dollars, perhaps millions, are at stake. . . . Federal judges get a very generous pension, 100 percent of their salary at the time of retirement. At this point that amounts to $169,300. . . . But all federal judges are aware of an unusual and unbending condition of the pension. If they leave the bench even one day before their 65th birthday, they get nothing. It doesn’t matter if they’ve been on the bench 10 years or 30, they must hang on at least until they reach 65 — longer if they haven’t served for 15 years by that time.

Federal Judge Pleads Guilty to Obstruction, Steps Down

Pamela A. MacLean, The National Law Journal

2-23-09 --Federal Judge Samuel B. Kent, indicted in January on six counts of alleged sexual abuse of two court staff members and obstruction of the investigation, pleaded guilty to obstruction and resigned his lifetime post on Monday. . . . He is the first federal judge ever indicted for alleged sexual crimes. Kent agreed to plead guilty to a single count of obstruction of justice and notified the president he would step down effective immediately, according to a prepared statement issued by his attorney, Richard DeGuerin of DeGuerin & Dickson in Houston. . . . "Judge Kent believes this compromise settlement is best for all involved, the complainants and the families, Judge Kent and his family and the court and judicial system," reads the statement issued following the change of plea hearing on Monday.

Judge denies Kent’s request on obstruction charge

By Mary Flood Copyright 2009 Houston Chronicle

2-17-09 -- U.S. District Judge Samuel Kent on Tuesday failed to get his obstruction of justice charge either dismissed or pulled out into a separate trial. . . . Kent had asked Senior U.S. District Judge Roger Vinson of Florida, who is presiding in the case, to drop the charge that Kent lied to a judicial panel investigating a complaint that Kent abused a female employee. Vinson refused. . . . Kent is still scheduled to be tried starting Monday on six felony charges — five felony charges of sexual abuse of female employees and one charge of obstructing justice. . . . Kent’s lawyer, Dick DeGuerin, originally argued on paper that Kent should have two trials because he must take the stand in a trial of the sexual cases to say he believed his relationships were consensual but that he would not testify on his own behalf in the obstruction case. DeGuerin said on Tuesday that Kent will only likely not testify about the obstruction. . . . In the obstruction charge, Kent is accused of lying about sexual contact with an employee to prominent federal judges who investigated a misconduct complaint against him.

January 2009

5th Circuit Reopens Federal District Judge Probe

Brenda Sapino Jeffreys, Texas Lawyer

1-14-09 -- Because of new criminal charges lodged last week against U.S. District Judge Samuel B. Kent, the Judicial Council of the 5th U.S. Circuit Court of Appeals has reopened its investigation into misconduct allegations against the judge, who sits in the Southern District of Texas. . . . In an order signed on Jan. 9, 5th Circuit Chief Judge Edith H. Jones granted a motion filed by Cathy McBroom, Kent's former case manager, seeking reconsideration of the sanctions imposed against Kent. In September 2007, in response to a complaint McBroom filed with the 5th Circuit in May 2007, the judicial council issued an order reprimanding and admonishing Kent, who has been on the bench since 1990. . . . In the Jan. 9 order, Jones wrote that following the upcoming trial of criminal charges against Kent, the judicial council will investigate the additional three charges of misconduct alleged in a superseding indictment returned against Kent on Jan. 6, along with "any supplemental investigation needed on the misconduct alleged in the original indictment." Jones wrote that the judicial council will "take such additional steps as are necessary to impose further sanctions in light of the result of the investigation."

Accused judge still judges others

ABC Eyewitness News, By Ted Oberg, KTRK

1-12-09 -- He's accused of sexually abusing two of his employees, but federal district judge Samuel Kent is still on the bench, hearing cases. He's the first federal judge ever charged with sex crimes. . . . Last week, Judge Samuel Kent's trial was delayed after another employee came forward, accusing the judge of sexual abuse. If not for more charges, opening arguments in Judge Kent's trial would've been today. . . . If he's convicted, he could go to prison for life, so the allegations are pretty serious. Before trial though, he hasn't even taken off the bench. These days he's still judging cases -- reportedly in the same building as his accuser. . . . Judge Kent wasn't in trial at the federal courthouse today. He was supposed to be on trial at the federal courthouse today. But that was delayed when more sexual assault charges were thrown at him last week. . . . Two former employees allege the federal judge groped them and made unwanted sexual advances towards them. On top of that federal prosecutors say the judge lied to investigators trying to figure it all out. But since serving a four month suspension after it first came to light, Kent's been on the job. . . . "The process needs to be looked at," suggested Sonia Corrales of the Houston Area Women's Center

The Judicial Council of the U.S. Court of Appeals for the Fifth Circuit posted this order issued last Friday regarding the pending Complaint of Judicial Misconduct against United States District Judge Samuel B. Kent under the Judicial Conduct and Disability Act of 1980. Attached to the Judicial Council's order is a copy of the superseding indictment issued against Judge Kent earlier this month.

New charges delay case against Kent

Trial to include allegations from second employee

By Mary Flood, Copyright 2009 Houston Chronicle

1-9-09 -- The trial of U.S. District Judge Sam Kent will start a month later because of the three new criminal charges added to his case this week. . . . Kent was scheduled to face sexual abuse charges before a federal jury on Jan. 26. On Friday, the judge presiding in the case, U.S. Senior Judge Roger Vinson of Pensacola, Fla., ordered that the trial will start Feb. 23. . . . U.S. Department of Justice prosecutors raised the stakes in the criminal case against Kent this week when they added charges involving a second female employee and an obstruction-of-justice charge. . . . Kent, a judge based in Galveston most of his career, pleaded not guilty Wednesday to all six federal criminal charges against him. He has strongly denied any wrongdoing and still handles a few civil cases out of a Houston courtroom. . . . He was indicted in August on three counts of abusive sexual contact or aggravated sexual abuse against a former case manager.

Federal judge's trial delayed because of new charges

By Mary Flood Copyright 2009 Houston Chronicle

1-9-09 -- The trial of U.S. District Judge Sam Kent will be postponed several weeks, now that he faces the three new criminal charges added to his case this week. . . . Kent was scheduled to go on trial before a federal jury on Jan. 26. U.S. Senior Judge Roger Vinson, based in Pensacola, Fla., is presiding over the case. The trial is now set to start on Feb. 23. . . . U.S. Department of Justice prosecutors raised the stakes in the criminal case against Kent this week when they added charges involving a second female employee and an obstruction-of-justice charge. . . . Kent, a jurist based in Galveston most of his career, pleaded not guilty Wednesday to all six federal criminal charges against him. He has strongly denied any wrongdoing and still handles a few civil cases out of a Houston courtroom.

Federal Judge Pleads Not Guilty to New Criminal Charges

Brenda Sapino Jeffreys, Texas Lawyer

1-8-09 --U.S. District Judge Samuel B. Kent of the Southern District of Texas, who faces trial on Jan. 26 in Houston on three federal criminal charges, pleaded not guilty Wednesday morning to three additional charges just hours after they were lodged against him in a superseding indictment. . . . After Kent pleaded not guilty before 5th U.S. Circuit Court of Appeals Judge Edward Prado, prosecutors from the U.S. Department of Justice asked Prado to consider two issues at sidebar. Kent's defense attorney, Dick DeGuerin of Houston, objected, but Prado overruled him and had the courtroom cleared for the 55-minute hearing. . . . When Kent exited the courtroom, his only comment regarding the hearing was, "It's over."

Obstruction of justice charge 'upped the ante' against Kent

Experts say it carries 20-year sentence and may be easier to prove than sex abuse

By Mary Flood Copyright 2009 Houston Chronicle

1-7-09 --The government raised the stakes in the criminal case against U.S. District Judge Sam Kent, now accusing a man who swore to protect the system with thwarting it instead, legal experts said Wednesday. . . . They said the obstruction of justice charge added with sexual abuse allegations against Kent this week boosts the government's overall case in several ways. That new charge may be the easiest to prove and carries a hefty 20-year sentence. It also takes the matter beyond the "he said/she said" standoff of the sexual charges. . . . "This has significantly upped the ante," said Arthur Hellman, a federal judicial disciplinary expert and professor at the University of Pittsburgh law school. . . . "Certainly the sexual charges are very serious. But obstruction of justice is a particularly serious charge when the accused is a federal judge," Hellman said. "If proved, his career — not just as a judge, but as a lawyer — would be over." . . . Kent, a jurist based in Galveston for most of his career, pleaded not guilty Wednesday to all six federal criminal charges against him. The judge, who still handles only certain civil cases out of a Houston office, has vociferously denied any wrongdoing.

Judge indicted on more sex abuse charges

Already set for trial in an earlier case, he's accused of attacking another female employee

By Lise Olsen & Mary Flood, Copyright 2009 Houston Chronicle

1-6-09 --U.S. District Judge Samuel Kent was indicted by a grand jury Tuesday on new charges of sexually abusing another court employee and lying about it to prominent federal judges who investigated a misconduct complaint against him. . . . Kent already is facing a trial in January on criminal charges of sexually abusing his former case manager, making him the first federal judge ever to be charged with federal sex crimes. . . . He has repeatedly denied the charges. His lawyer, Dick DeGuerin, has described his relationship with the first woman as "enthusiastically consensual." . . . The same grand jury that indicted Kent in August added three additional charges Tuesday involving a second female court employee: aggravated sexual abuse, abusive sexual contact and obstruction of justice. The indictment accuses Kent of forcing the second court employee to repeatedly "engage in a sexual act," including oral sex and using his hands to "penetrate or attempt to penetrate" her. . . . DeGuerin said Tuesday he felt "disgust" over the additional charges, but that he is unable to discuss the case because of a gag order issued by Florida federal Judge Roger Vinson, who is overseeing the first indictments.

September 2008

Bad judge diaries

Posted by James Gill, Columnist, The Times-Picayune

9-26-08 -- While the House Judiciary Committee considers whether Tom Porteous should be impeached, there has been no move to do the same for another federal judge on the same circuit, Samuel Kent. . . . Say what you want about Porteous -- and I doubt it would be flattering -- but at least he does not face criminal charges. . . . Kent does, and could get life in prison. . . . Porteous is in no position to cause any more embarrassment to the federal bench in New Orleans for a while yet. The Judicial Council of the Fifth Circuit has suspended him for two years. . . . Kent is still a-judging in Texas while he prepares for his own trial. . . . Welcome to the whacky world of the Fifth Circuit, which chief Appeals Court Judge Edith Jones rules in a style reminiscent of the Queen of Hearts. . . . Jones is not one of the sisterhood and is, indeed, famous for her hostility to female plaintiffs alleging sexual misconduct in the workplace. So it was fortunate for Kent that Jones was in charge when the Judicial Council considered complaints against him from Cathy McBroom, his former case manager at the Galveston courthouse.

5th Circuit Gives Prosecution of Texas Federal Judge to Fla. Judge

Pamela A. MacLean, The National Law Journal

9-11-08 -- The 5th U.S. Circuit Court of Appeals wasted little time tossing the criminal prosecution of U.S. District Judge Samuel B. Kent of the Southern District of Texas to an out-of-circuit judge to oversee. . . . Senior U.S. District Judge Roger Vinson of the Northern District of Florida, in Pensacola, was assigned the job in an order signed by U.S. Supreme Court Chief Justice John G. Roberts Jr. on Aug. 29, one day after Kent's Aug. 28 indictment. It was based on certification by the 5th Circuit of the need to assign the case outside the Circuit. . . . The order was not made public until Sept. 5, when Kent's colleague, Chief Judge Hayden Head of Houston, signed the order appointing Vinson. . . . Kent, 59, faces three criminal charges, including attempted aggravated sexual abuse and two counts of abusive sexual touching of his former case manager, Cathy McBroom, in March 2007. He is the first federal judge ever indicted for alleged sex crimes. The charges carry a potential life prison term.

Gag order issued in Judge Kent case

Visiting judge says publicity could undermine right to fair trial

By Mary Flood Copyright 2008 Houston Chronicle

9-9-08 -- The Florida judge who will oversee the criminal trial of U.S. District Judge Samuel Kent issued a gag order in the case to prevent public discussion by parties or court personnel that could interfere with the trial.

Howard Bashman posted a copy of last Friday's order at this link.

Federal Judge Pleads Not Guilty to Sex Crime Charges

Brenda Sapino Jeffreys, Texas Lawyer

9-4-08 -- Speaking loudly and forcefully at his arraignment, U.S. District Judge Samuel B. Kent of the Southern District of Texas pleaded not guilty Wednesday morning to three federal criminal charges -- two counts of abusive sexual contact and one count of attempted aggravated sexual abuse -- and said he looks forward to a trial. . . . "I plead absolutely, unequivocally not guilty and will very much look forward to a trial on the merits ... of what I consider to be flagrant, scurrilous charges," Kent told 5th U.S. Circuit Court of Appeals Judge Edward Prado of San Antonio, who heard Kent's plea by designation. . . . On Aug. 28, a federal grand jury indicted Kent on the three charges, which resulted from a complaint filed by Cathy McBroom, a former case manager in Kent's Galveston court. . . . Kent faces a maximum sentence of two years in prison on each of the two counts of abusive sexual contact and up to life in prison on the other, more serious charge.

Kent One of Few U.S. Jurists Indicted While on Bench

Juan A. Lozano, The Associated Press, Law.com

9-3-08 -- U.S. District Judge Samuel Kent, charged last week with committing sex crimes, is now part of an exclusive but notorious club: federal judges who have been indicted while on the bench. . . . . "It is extremely rare. We've gone (nearly) 20 years now since the last one," said Arthur D. Hellman, a law professor at the University of Pittsburgh School of Law. . . . . Kent was set to make his first court appearance Wednesday on federal charges of abusive sexual contact and attempted aggravated sexual abuse. He has been a federal jurist in Galveston, Texas, federal court since President George H.W. Bush appointed him in 1990. . . . . If convicted on the one count of attempted aggravated sexual abuse, Kent could face up to life in prison and a fine of up to $250,000. Each of the two counts of abusive sexual contact carries a sentence of up to two years in prison and a fine of up to $250,000. . . . . Kent's former case manager, Cathy McBroom, accused the judge of physically harassing her over a four-year period, starting in 2003. The final incident was in March 2007, when she said the judge pulled up her blouse and bra and tried to escalate contact until they were interrupted.

August 2008

Federal Judge Indicted on Sex Abuse Charges

The Associated Press, Law.com

8-29-08 -- A Texas federal judge accused of sexual harassment by his former case manager was indicted Thursday on charges of abusive sexual contact and attempted aggravated sexual abuse, the U.S. Attorney's Office said. . . . . A federal grand jury indicted U.S. District Judge Samuel Kent on two counts of abusive sexual contact and one count of attempted aggravated sexual abuse. . . . . "He's angry and ready for a fight. He is innocent. We will try this case. It is nothing but a false accusation," said Dick DeGuerin, Kent's attorney. . . . . The indictment alleges the criminal conduct happened March 23, 2007, and Aug. 29, 2003, Acting Assistant Attorney General Matthew Friedrich announced in a news release. . . . . The Houston Chronicle first reported the indictment on its Web site Thursday. . . . . An agreement with prosecutors will allow Kent to surrender Wednesday for an initial court appearance. . . . . A federal criminal investigation began in November 2007 after the former case manager, Cathy McBroom, complained about Kent. She said the judge physically touched her under her clothing twice and and often made obscene suggestions during the six years she worked for him.

Judging the judges who judged Kent

By Rick Casey Copyright 2008 Houston Chronicle

8-28-08 -- Now that a federal grand jury has indicted U.S. District Judge Sam Kent, can we get some insight into why a panel of his fellow federal judges chose to describe the allegations by his employee Cathy Mc-Broom as "sexual harassment"?. . . . The 19-member 5th Circuit Judicial Council, made up of district and appellate judges, obviously did not agree with the position of Kent's defense attorney, Dick DeGuerin, that what happened between the two was "enthusiastically consensual." . . . . If they had, they wouldn't have placed Kent on paid leave for several months, reassigned him from Galveston and barred him from hearing criminal cases and sexual harassment lawsuits. . . . . But it boggles the mind that the judges could have regarded McBroom's accusations as "sexual harassment." . . . . McBroom's attorney, Rusty Hardin, confirms that the statement she gave to investigators for the 5th Circuit Judicial Council included exactly the same allegations found in the indictment handed down by a federal grand jury Thursday:

July 2008

Feds Turn Up Heat on Texas Judge Samuel Kent

Posted by Dan Slater

7-21-08 --The last time we told you about Samuel Kent, the embattled federal judge under investigation after being accused of sexually harassing a female employee, we found him being quite frank with the Houston Chronicle about his personal situation. Among other things, Kent admitted to long lunches, shared cigars and glasses of wine with attorney friends, even on days those attorneys had business in his court. But, Kent added, “I have never on any of these occasions discussed an actual case with an attorney.” . . . In light of yesterday’s news out of Houston, we find this a curious remark. The Chron reports that the DOJ’s investigation into Kent’s sexual conduct — vis-a-vis Cathy McBroom, his former case manager who alleges that Kent propositioned her and improperly touched her under her clothing in his chambers — has expanded to include allegations that he accepted, but failed to report, gifts, and also sold his home in a deal arranged by a lawyer with dozens of cases in Kent’s court. . . . According to lawyers and former co-workers, investigators have asked about parties, a 2001 trip to London and meals attorneys had bought for Kent at Galveston restaurants — often on days they did business in his court. According to Kent’s own attorney, Dick DeGuerin — the legal big who repped Giles Darby, one of the NatWest Three — they also requested records about a real estate deal in which one of those attorneys, Kurt Arnold, helped persuade his mother to buy Kent’s home in the city of Galveston.

February 2008

Time to bench Judge Kent

Southeast Texas Record Editorial

02-11-08 -- U.S. District Judge Samuel Kent is known to play favorites, say some lawyers in Galveston, where he's served on the federal court for 17 years. . . . After siding with one of them in an important ruling potentially worth millions of dollars, Kent adjourned the court and the two went to lunch, according to news reports. . . . Kent and hotshot local plaintiff's lawyer Tony Buzbee dined at Willie G's, an upscale Galveston seafood restaurant with a harbor view. Buzbee gave the judge a lift in his Aston Martin sports car. . . . While it appears undignified and injudicious, there's nothing illegal about them eating lunch together. That's assuming Kent's ruling, granting Buzbee's pressure-inducing motion to depose BP's ex-CEO Lord John Browne, didn't come up in conversation. Nobody has said that it did. . . . But in our democracy, where courts are public forums, Buzbee's record of success in Judge Kent's lair is fair game for examination. It's one thing for a judge to dine and socialize with lawyer friends, but quite another to play favorites in the process of dispensing justice. . . . So it's worth noting--Judge Kent's decision to let Buzbee depose Browne was no legalistic slam dunk. Rather, it was an activist reach.

December 2007

Federal Judge Lawyers Up, Requests Meeting With FBI Over Sexual Harassment Allegations

New York Lawyer, By John Council and Brenda Sapino Jeffreys, Texas Lawyer

12-12-07 -- U.S. District Judge Samuel Kent — who has hired Houston criminal-defense lawyer Dick DeGuerin — met with Federal Bureau of Investigation agents on Nov. 30 to discuss allegations that he sexually harassed a court employee. . . . On Sept. 28, the 5th U.S. Circuit Court of Appeals Judicial Council issued an order reprimanding and admonishing Kent in connection with a May complaint filed by Cathy McBroom, a former case manager for the judge. . . . DeGuerin, a partner in Houston's DeGuerin Dickson & Hennessy who was retained by Kent on Nov. 26, says he has read the undisclosed findings of the Judicial Council and of a 5th Circuit Special Investigatory Committee that looked into McBroom's complaint against Kent. . . . "What the panel and the judicial council found was there was not enough evidence to rise to probable cause that a crime had been committed," says DeGuerin who adds that he is not quoting or paraphrasing the findings. "Had there been probable cause, they would have been obligated to turn that over and authorize a prosecution. But what they considered was evidence and sworn testimony from all sides — the major issues being the credibility and motives of the complainant." . . . DeGuerin declines to comment specifically on McBroom's allegations.

Jurist's status amid harassment case raises questions

Gary Martin Commentary: San Antonio Express-News

12-03-07 -- A sordid sexual harassment case involving a Texas federal judge has prompted a congressional Republican hopeful to use his campaign office to seek impeachment proceedings against the accused wayward jurist. . . . Chris Peden, a Friendswood city councilman, wants U.S. District Judge Samuel Kent canned. . . . Now. . . . Kent received a four-month suspension by a 5th Circuit Court judicial council over allegations he groped a female employee in his chambers. . . . A Justice Department investigation is in the works. . . . San Antonio's Rep. Lamar Smith, the ranking Republican on the House Judiciary Committee, said the panel should review the allegations against Kent to determine whether additional congressional action is warranted. . . . Kent continues to collect his $165,000 salary and will be back on the bench in January unless further disciplinary action is taken. . . . Peden, who is challenging Rep. Ron Paul in the GOP primary, called for the House Judiciary Committee to open an impeachment hearing.

November 2007

Harassment Complaint Against Federal Judge Calls for Congressional Inquiry

CONTACT:  National Organization For Women (NOW)
Mai Shiozaki, 202-628-8669, ext. 116; cell 202-641-1906

11-7-07 -- On October 31, Rep. Sheila Jackson Lee (D-Texas) formally requested that the House Judiciary Committee open an investigative file on U.S. District Judge Samuel B. Kent, of Galveston, Texas, regarding sexual harassment complaints. Kent was reprimanded by and suspended from the bench by the 5th U.S. Circuit Court of Appeals on September 28, 2007, but that suspension ends on January 1, 2008. . . . The National Organization for Women (NOW) applauds Congresswoman Jackson Lee for taking this crucial step, noting as a member of the Judiciary Committee that it is their "obligation as Members of the U.S. Congress to do all in our power to prevent all forms of sexual harassment, especially in the judicial arena, which is entrusted to administer these very laws which have allegedly been violated and over which we have oversight." . . . "There are just too many questions unanswered," said NOW President Kim Gandy. "The Judicial Council's secretive investigation, cryptic report and sealed records leaves the women of Texas wondering whether there might be a sexual harasser of court employees on the bench deciding federal cases of employment discrimination and harassment. They deserve to know the truth, and if these concerns are valid, they deserve to have reasonable action taken to prevent such an outcome."

October 2007

Lawyer: Kent sex complaint more than words

By Marty Schladen, The Daily News

10-6-07 -- When Cathy McBroom complained in May that she had been sexually harassed by U.S. District Judge Samuel B. Kent, she wasn’t just recounting an off-color remark. . . . Rather, she described an episode that her attorney, Rusty Hardin, characterized as unwanted physical contact. . . . Hardin is a well-known Houston attorney who argued a case against Anna Nicole Smith and who represented Rudy Tomjanovich, Warren Moon and Scottie Pippen, to name a few. . . . While Hardin characterized the alleged conduct as criminal, no criminal charges have been filed against Kent and no one has indicated any are imminent. . . . Galveston County District Attorney Kurt Sistrunk on Monday told The Daily News it was unclear whether his office had jurisdiction over the federal courthouse on 25th Street in Galveston. . . . The U.S. Attorney’s office in Houston last week said it wouldn’t comment if the 5th Circuit Court of Appeals had referred a criminal complaint against the judge. . . . Hardin declined to go into further detail about what Kent was accused of doing to his client, who at the time was the judge’s case manager. . . . But Hardin said he and McBroom are frustrated by the 5th Circuit’s vague reprimand outlining what seemed like a light punishment for Kent. Hardin said he and McBroom were considering what their next move might be. . . . Kent and his attorney, Maria Boyce, have not returned repeated phone calls. . . . ‘Very Frustrating’

NOW takes Kent complaint to Congress

By Marty Schladen, The Daily News

10-3-07 -- The National Organization of Women said Monday it was asking Congress to investigate whether U.S. District Judge Samuel B. Kent should be impeached and removed from the bench. . . . Kent’s reprimand made him unfit, especially when it comes to hearing sexual harassment cases, Kim Gandy, president of the half-million member organization, said in an interview from Washington, D.C. . . . “If he’s found to have committed sexual harassment himself, one can reasonably conclude that he does not consider that a serious issue,” Gandy said. . . . Kent was reprimanded last Friday by a council of judges from the 5th Circuit Court of Appeals and district judges from the circuit, which includes Texas, Louisiana and Mississippi. . . . It’s the most severe punishment levied against any judge in the 5th Circuit in the past seven years out of 671 complaints filed. The only way judges can be forced off the bench is if they are impeached by the U.S. House of Representatives and removed by the Senate. Only 13 federal judges have been impeached and only seven removed in U.S. history. . . . The reprimand against Kent says a court employee complained in May of sexual harassment and that an investigation led to other, unspecified complaints. The order issued last Friday didn’t say whether the 19 judges on the council determined the complaints to be true. . . . Kent and his lawyer, Maria Boyce, couldn’t be reached for comment.

Click to read the pdf Order:
IN RE: Complaint of Judicial Misconduct against United States District
Judge Samuel B. Kent under the Judicial Conduct and Disability Act of 1980
DOCKET NO. 07-05-351-0086

Other Information

Samuel B. Kent - Wikipedia, the free encyclopedia

Smoking Gun archive of his decision in
Stephanie Smith v. Colonial Penn Insurance Company

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