Posted on May 29, 2009 by Thomas Withers

Judge Kent Recommended for Impeachment

It is almost exactly two years since a courageous former case manager initiated judicial misconduct proceedings against United States District Court Judge Samuel Kent of Texas. The Fifth Circuit Judicial Council then covered up Judge Kent’s criminal sexual conduct with an order of reprimand for what it termed alleged “sexual harassment.”  Judge Kent's subsequent plea of guilty to obstruction of justice has, apparently, lent that Judicial Council a renewed sense of justice as they have now entered an order recommending Judge Kent for impeachment.

The Houston Chronicle also reports that Fifth Circuit Chief Judge Edith Jones in a letter denying Judge Kent’s request for disabled status that would have preserved his salary of $174,000 wrote that “Kent has forfeited his claim to such status by pleading guilty to a felony.” Kent begins serving his 33 month term of imprisonment next month, but continues drawing his salary while Congress dithers over when to initiate impeachment proceedings.

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Posted on May 14, 2009 by Thomas Withers

Reflections on Judge Kent's Case

Judge Kent was sentenced to 33 months in prison Tuesday. His cruel reign over his court staff and the lawyers that appeared before him has ended.

First, what strikes me as an entire travesty is the punishment meted out by the Judicial Council for the Fifth Circuit that in September 2007 found that the complaints levied against this federal judge should result in, oh my, a reprimand and a four month suspension. Of course, because the proceedings are “confidential” we don’t know exactly what the Judicial Council considered, but we do know that what the victim of Judge Kent’s conduct described was not “sexual harrasment,” but rather serious felony offenses. It offends every notion of this writer’s sense of justice for a judicial body to impose a “reprimand” for sexual felonies. So much for the judiciary policing its own.

Secondly, when this case broke, there was a public spat between 2 Texas legal gladiators, Dick DeGuerin, Judge Kent’s lawyer, and Rusty Hardin, the accuser’s attorney. Initially, DeGuerin trumpeted that this case would be a swearing match the victim would lose and that this was a consensual relationship. Hardin, Roger Clemens lawyer, should be commended for stepping up to the plate to represent the victim.

Third, although I never appeared before Kent, his arrogance and imperious nature comes through in some of his writings. There is an excellent commentary here entitled Bullying From the Bench about Judge Kent’s writing where he vilifies, in a very injudicious manner two lawyers appearing before him in a case far more serious than his flippant writing calls for.

And, finally, can’t all of the sealed pleadings that Judge Vinson ordered sealed in this case be unsealed now so that the public can be rightfully informed of the details regarding this proceeding?

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Posted on May 11, 2009 by Thomas Withers

U.S. District Court Judge Kent Sentenced to 33 months

United States District Court Judge Samuel Kent of Galveston, Texas, 59, was sentenced to 33 months in prison this morning in Houston by Senior District Court Judge Roger Vinson of Pensacola, Florida for obstructing an inquiry into whether he had sexually harassed employees of the United States District Court reports the Houston Chronicle. A copy of the Factual Basis for Kent’s guilty plea is here.

Two of the victims of Kent’s sexual exploits, a former secretary and former case manager, testified at the sentencing hearing. The government sought a sentence of 36 months. The Chronicle reports that in imposing sentence, Vinson said, “Everyone stands equal in this Court, and former judges are no exception.” Vinson had it right except for the “former judges” comment because showing a startling lack of class and poor judgment, a separate drama is playing out regarding whether Kent will be allowed to retire and continue to draw his salary of $174,000 per year. He has drawn about $36,000 in salary since his guilty plea. Kent has asked the Fifth Circuit to allow him to retire early, so that he can continue to keep getting his pay for life. Kent will continue to draw his pay, even though he is a convicted felon, until he retires, or is impeached. Although I don’t have much confidence in this situation, let’s hope Congress acts quickly to impeach Kent.

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