Samuel B. Kent
Encyclopedia
Samuel B. Kent was a U.S District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...

 judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 for the U.S. District Court for the Southern District of Texas, in the single-judge Galveston
Galveston, Texas
Galveston is a coastal city located on Galveston Island in the U.S. state of Texas. , the city had a total population of 47,743 within an area of...

 Division covering Brazoria
Brazoria County, Texas
Brazoria County[p] is a county in the U.S. state of Texas, located on the Gulf Coast within the Houston–Sugar Land–Baytown metropolitan area. Regionally, parts of the county are within the extreme southern-most fringe of the regions locally known as Southeast Texas. Brazoria County is among a...

, Chambers, Galveston
Galveston County, Texas
Galveston County is a county located in the U.S. state of Texas within the Houston–Sugar Land–Baytown metropolitan area. As of the 2010 U.S. Census, the population was 291,309. Its county seat is Galveston. League City is the largest city in Galveston County in terms of population; between...

, and Matagorda Counties. He was nominated by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 George H.W. Bush on August 3, 1990, to a seat vacated by Hugh Gibson
Hugh Gibson (judge)
Hugh Gibson was a United States federal judge from Texas.Gibson was born in Cameron, Texas, and received a B.A. from Rice University in 1940. He was a Sergeant in the United States Army during World War II, serving from 1942-1945. He returned to his studies, earning an LL.B. from Baylor University...

, confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 on September 28, 1990, and received his commission on October 1, 1990.

On May 11, 2009, Judge Kent was sentenced to 33 months in prison in a sex abuse case for lying to investigators about sexually abusing two female employees. Dick DeGuerin, Kent's attorney, said the judge was retiring from the bench because of a disability—which would allow him to keep receiving his $169,300-a-year salary. Retired federal judges collect their full salaries for the remainder of their lives; judges who resign get nothing. That did not satisfy the leaders of the House Judiciary Committee, Reps. John Conyers
John Conyers
John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party...

 Jr., (D-Mich.) and Lamar Smith
Lamar S. Smith
Lamar Seeligson Smith is the U.S. Representative for , serving since 1987. The district includes most of the wealthier sections of San Antonio and Austin, as well as nearly all of the Texas Hill Country...

 (R-Tex.), who demanded that Kent resign immediately or face possible impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

.

Judge Kent submitted his resignation on June 2, 2009, with the proviso that it would not take effect for a full year. This angered the membership of the House Judiciary Committee, which voted unanimously to send four Articles of Impeachment to the full House of Representatives on June 10, 2009. The articles were passed on June 19, 2009, making Judge Kent the first Federal Judge to be impeached since Walter L. Nixon, Jr.
Walter Nixon
Walter Louis Nixon, Jr. is a former United States federal judge who was impeached by the House of Representatives and removed from office by the Senate....

 in 1989. Kent thereafter submitted a new letter of resignation to the Senate on June 25, 2009, taking effect on June 30, 2009. On June 30, President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

 accepted his resignation. On July 20, the House of Representatives passed a resolution asking the Senate to end former Judge Kent's trial. Two days later, the Senate agreed to the resolution.

Background

Judge Kent is a graduate of University of Texas and The University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...

. Before his appointment, he was in private practice with the firm Royston Rayzor in Galveston, Texas
Galveston, Texas
Galveston is a coastal city located on Galveston Island in the U.S. state of Texas. , the city had a total population of 47,743 within an area of...

.

Writing style

Judge Kent has become well-known throughout the legal community for his unique orders and judgments, replete with hyperbole. Sometimes this takes the form of humor, as in his orders in Bolivia v. Philip Morris Companies, Inc. and Smith v. Colonial Penn Life Insurance. At other times, it has taken the form of ridicule aimed at the attorneys appearing before him, as in Bradshaw v. Unity Marine Corp. and Labor Force, Inc. v. Jacintoport Corp. et al.

2001 case reassignment

In 2001, the Chief Judge of the Southern District of Texas reassigned 85 cases away from Judge Kent that were being handled by Richard Melancon, an attorney who was considered a close friend of the Judge.

2007 misconduct discipline

In August 2007, Chief Judge Hayden Head of the Southern District of Texas issued an order indicating that Judge Kent would not be hearing cases between September 1, 2007 and January 1, 2008. During Judge Kent's four-month leave of absence, he continued to draw his annual salary; he did not perform judicial work, with his cases instead allocated to other judges for handling. The Daily News story reported that judicial discipline is extremely rare in the 5th Circuit. Judge Kent was transferred to the Houston division of the Southern District of Texas in January 2008.

Criminal charges

On December 20, 2007, the 5th Circuit issued an order indicating that there was an ongoing Department of Justice criminal investigation into the allegations underlying the complaint to the Judicial Council.

On August 28, 2008, Kent was indicted on three federal counts of abusive sexual contact and attempted aggravated sexual abuse, stemming from the same alleged conduct that was the basis for the 2007 misconduct complaint. He is the first federal judge to be charged with federal sex crimes. On January 6, 2009, the federal grand jury that indicted him in August added three additional counts, for aggravated sexual abuse, abusive sexual contact and obstruction of justice. On February 23, 2009, the day on which jury selection was to begin, Kent pleaded guilty to one count of obstruction of justice, and agreed to retire as judge, although it was unclear whether he would be permitted to retire, rather than resign. Kent was sentenced on May 11, 2009.

Although Kent purported to "retire," the minimum age at which a federal judge may retire with pension is generally age 65, a condition that Kent, at age 59, does not meet. An exception allowing for early retirement is if the judge seeking to retire certifies to the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 that he is "permanently disabled from performing his duties," supplying a certification to that effect issued by the chief judge of the circuit. However, in May 2009, the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...

, in an opinion written by Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...

 Edith Jones
Edith Jones
Edith Hollan Jones is the Chief Judge of the United States Court of Appeals for the Fifth Circuit.Jones graduated from Cornell University in 1971. She received her J.D. from The University of Texas School of Law in 1974...

, denied Kent's disability status and instead recommended his impeachment.

Kent continued to draw salary pending the effective date of his resignation on June 30, 2009. Had he not resigned, he would have been paid until convicted by the Senate in his impeachment trial. The requirement of Article III
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...

 that federal judges "shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office" may preclude action against his salary barring impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

. Despite Kent's retirement, if Congress impeached and then convicted Kent, he would lose his retirement benefits.

Sentencing

Kent pleaded guilty in February 2009 to obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...

 for lying to a judicial committee investigating an allegation he sexually harassed an employee. He also acknowledged that he had had non-consensual sexual contact with two female employees between 2003 and 2007. Samuel Kent was sentenced on May 11, 2009 to serve 33 months in federal prison on the charge of obstructing justice in the investigation of sexual abuse accusations. The obstruction charge carries a maximum punishment of 20 years in prison. As part of a plea agreement, Kent admitted that the sexual conduct was non-consensual. Kent must also pay a $1,000 fine and a total of $6,550 in restitution to the two accusers. While in prison he will be required to take part in the Bureau of Prisons Alcohol Treatment Program. In pronouncing sentence over Kent, visiting Judge Roger Vinson stated, "Your wrongful conduct is a huge black X ... a stain on the judicial system itself, a matter of concern in the federal courts". On June 15, Kent reported to the Federal Medical Center in Devens, Massachusetts to begin his sentence. In November 2009, he was moved to a state prison in Florida.

The start of proceedings

On May 12, 2009, soon after Kent was sentenced to 33 month in prison, Representatives John Conyers, Jr. and James Sensenbrenner introduced separate resolutions (H.Res. 424 and H.Res. 431), which were referred the House Judiciary Committee which two days later voted to begin impeachment proceedings, as a reaction to Kent's refusal to resign.

On May 27, 2009, the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...

 recommended that Kent be impeached and ordered that he not be given disability status. Chief Judge Edith Jones
Edith Jones
Edith Hollan Jones is the Chief Judge of the United States Court of Appeals for the Fifth Circuit.Jones graduated from Cornell University in 1971. She received her J.D. from The University of Texas School of Law in 1974...

 wrote 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 also noted that Kent did not appear to be disabled or impaired. The Fifth Circuit's Judicial Council urged the Judicial Conference of the United States
Judicial Conference of the United States
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States...

 to "take expeditious action" toward impeachment proceedings before Congress.

First resignation and congressional hearings

On June 2, 2009, Judge Kent submitted his resignation to President Obama in an attempt to avoid hearings in Congress, which took place anyway The resignation, had it not been precluded by removal from office, would have been effective as of June 1, 2010.

Chaired by Rep Adam Schiff
Adam Schiff
Adam Bennett Schiff is the U.S. Representative for . He has served in Congress since 2001. He is a member of the Democratic Party...

, the hearings featured testimony from his accusers, Cathy McBroom and Donna Wilkerson.

Kent and his lawyer, Dick DeGuerin
Dick DeGuerin
Dick DeGuerin is a criminal defense attorney based in Houston, Texas. DeGuerin was admitted to the State Bar in 1965...

, refused to attend, calling it a "circus."

On June 9, the Task Force unanimously voted to report four articles to the full House Judiciary Committee. The next day the Judiciary Committee voted unanimously to send them to the full House.

Impeachment, Senate trial, and second resignation

The vote for impeachment in the House was scheduled to take place on June 18, but it was postponed until the next day due to prolonged debate over an appropriations bill. The vote ended up taking place the next day, with all four articles being passed by the House of Representatives. Three of the four articles of impeachment were passed unanimously, and the fourth having only one member, Mel Watt
Mel Watt
Melvin Luther Watt is the United States House of Representatives for , serving since 1993. He is a member of the Democratic Party.-Early life, education and career:...

 (D-NC), voting "present". After the articles were approved, Representatives Adam Schiff
Adam Schiff
Adam Bennett Schiff is the U.S. Representative for . He has served in Congress since 2001. He is a member of the Democratic Party...

 (D-CA), Zoe Lofgren
Zoe Lofgren
Zoe Lofgren is the U.S. Representative for , serving since 1995. She is a member of the Democratic Party. The district is based in San Jose.-Early life, education, and early career:...

 (D-CA), Hank Johnson
Hank Johnson
Henry C. "Hank" Johnson Jr. is the U.S. Representative for , serving since 2007. He is a member of the Democratic Party. The district is based in DeKalb County, a largely suburban county east of Atlanta. It also includes portions of Gwinnett and Rockdale counties.-Life, education and...

 (D-GA), Bob Goodlatte
Bob Goodlatte
Robert William "Bob" Goodlatte is the U.S. Representative for , serving since 1993. He is a member of the Republican Party. The district is based in Roanoke and also includes Lynchburg, Harrisonburg and Staunton.-Early life, education and career:...

 (R-VA), and Jim Sensenbrenner
Jim Sensenbrenner
Frank James Sensenbrenner, Jr. is an American politician who has been a member of the Republican Party in the United States House of Representatives since 1979, representing . The district, the state's richest, includes many of Milwaukee's northern and western suburbs, and extends into rural...

 (R-WI) were appointed as managers to conduct the trial in the Senate. In addition, Schiff and Goodlatte were designated as the lead managers. The articles of impeachment were sent to the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

, where the proceedings were started on June 24. On that same day, Senators passed two resolutions: one provided for a summons for Kent to answer the articles against him, and the other provided for a committee to analyze the evidence against him and report their findings to the full Senate. Senators Claire McCaskill
Claire McCaskill
Claire Conner McCaskill is the senior United States Senator from Missouri and a member of the Democratic Party. She defeated Republican incumbent Jim Talent in the 2006 U.S. Senate election, by a margin of 49.6% to 47.3%. She is the first woman elected to the U.S. Senate from Missouri in her own...

 (D-MO) and Mel Martinez
Mel Martinez
Melquíades Rafael Martínez Ruiz, usually known as Mel Martinez , is a former United States Senator from Florida and served as Chairman of the Republican Party from November 2006 until October 19, 2007, the first Latino to serve as chairman of a major party...

 (R-FL) were designated as Chair and Vice Chair of the committee, respectively. On June 25, when Senate officials traveled to the prison facility where Kent was confined to serve him with the formal summons to the impeachment trial, he presented them with a new resignation letter, effective on June 30. The development was reported to the Senate, which directed that copies of Kent's letter be sent to President Obama and the House of Representatives. After this, the House and then the Senate were tasked to decide on any future action regarding the impeachment trial as a result. On June 30, President Obama accepted his resignation. On July 20, the House of Representatives passed a resolution asking the Senate to end the impeachment trial against former Judge Kent. The Senate agreed to the resolution on July 22.

External links

  • Steven Lubet, Bullying From the Bench, The Green Bag
    The Green Bag
    The Green Bag: An Entertaining Journal of Law is a legal journal supported in part by George Mason University School of Law and is dedicated to publishing "good writing" about the law. Founded in 1997 by three former-classmates of the University of Chicago Law School , The Green Bag is published...

    , Autumn 2001.
  • Kent's letter to the House Judiciary Committee's task force considering his impeachment, June 1, 2009
  • U.S. House of Representatives Report no 111-159, Impeachment of Judge Samuel B. Kent, June 17, 2009. (In PDF format)
  • 111th Cong. H. Res. 520, the U.S. House of Representatives resolution to impeach Kent, introduced June 9, 2009, reported to the House June 17, 2009.
  • Federal Bureau of Prisons Inmate Locator, information for inmate no. 45225-079, accessed June 19, 2009
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