Samuel B. Kent

Born in Denver, Colorado, Kent graduated from the University of Texas at Austin and the University of Texas School of Law, with a Bachelor of Arts degree in English (1971) and a Juris Doctor (1975). Prior to appointment on the federal bench, Kent was a partner with the firm Royston, Rayzor, Vickery and Williams in Galveston, Texas.{{cite web|title=Law's Hall of Shame - Justice Samuel B. Kent|url=http://www.duhaime.org/LawMuseum/LawArticle-1527/Mr-Justice-Samuel-B-Kent-Felon.aspx|publisher=Law Museum|accessdate=January 11, 2013}}

In 2001, the Chief Judge of the Southern District of Texas reassigned 85 cases away from Kent that were being handled by Richard Melancon, an attorney who was considered a close friend of Kent.[https://archive.today/20120730195642/http://www.galvnews.com/story.lasso?ewcd=b22934d5e7360339&-session=TheDailyNews:42F941281618c1E299nWHY10609B Galveston Daily News: Kent, his accuser in same building]

In August 2007, Chief Judge Hayden Wilson Head Jr. of the Southern District of Texas issued an order indicating that Kent would not be hearing cases between September 1, 2007, and January 1, 2008.{{cite web|url=http://www.txs.uscourts.gov/district/genord/2007/2007-9.pdf |title=District Court General Orders | Southern District of Texas |accessdate=2007-09-04 |url-status=live |archive-url=https://web.archive.org/web/20161222164902/http://www.txs.uscourts.gov/district/genord/2007/2007-9.pdf |archive-date=2016-12-22 }} During 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.[https://web.archive.org/web/20111021205449/http://blogs.galvnews.com/story.lasso?ewcd%3Df0f48796191277cc The Galveston County Daily News] Kent was transferred to the Houston division of the Southern District of Texas in January 2008.

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 a complaint to the Judicial Council regarding Kent.{{cite web|url=http://www.ca5.uscourts.gov/news/news/SK.Order.pdf |title=Archived copy |accessdate=2008-01-02 |url-status=live |archive-url=https://web.archive.org/web/20161222053728/http://www.ca5.uscourts.gov/news/news/SK.Order.pdf |archive-date=2016-12-22 }}

On August 28, 2008, Kent was indicted in federal court on three 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.{{cite news|url=http://www.chron.com/disp/story.mpl/front/5972279.html|title=U.S. District Judge Samuel Kent indicted in sex case|last=Olsen|first=Lise |author2=Mary Flood |author3=Roma Khanna|date=2008-08-29|accessdate=2008-08-29}} He was the first federal judge to be charged with federal sex crimes.{{cite news|url=http://prev.dailyherald.com/story/?id=262611|title=Federal judge indicted on additional sex charges|work=Chicago Daily Herald|agency=AP |last=Lozano|first=Juan|date=2009-01-07|accessdate=July 16, 2014}} On January 6, 2009, the federal grand jury that indicted him added three additional counts, for aggravated sexual abuse, abusive sexual contact and obstruction of justice.[http://www.usdoj.gov/opa/pr/2009/January/09-crm-009.html U.S. District Court Judge Charged in Superseding Indictment with Aggravated Sexual Abuse and Abusive Sexual Contact] {{webarchive |url=https://web.archive.org/web/20090621130522/http://www.usdoj.gov/opa/pr/2009/January/09-crm-009.html |date=June 21, 2009 }}, U.S. Department of Justice Press Release, January 6, 2009 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,{{cite news|url=http://www.chron.com/CDA/archives/archive.mpl?id=2009_4704661|title=Kent plea avoids a trial Federal judge admits to 1 count of obstruction; 5 sexual charges will be dropped KENT: Sentencing in May|last=Flood|first=Mary|author2=Lise Olsen|date=2009-02-24|accessdate=2009-03-10|url-status=dead|archive-url=https://web.archive.org/web/20090608141035/http://www.chron.com/CDA/archives/archive.mpl?id=2009_4704661|archive-date=2009-06-08}} although it was unclear whether he would be permitted to retire rather than resign.{{cite news|url=http://www.chron.com/disp/story.mpl/metropolitan/casey/6279303.html|title=The Judge Sam soap opera continues|work=Houston Chronicle|last=Casey|first=Rick|date=2009-02-25|accessdate=2009-03-10}} Kent was sentenced on May 11, 2009.

Although Kent purported to "retire", the minimum age at which a federal judge may retire with a pension is generally age 65, a condition that Kent, at age 59, did not meet.{{usc|28|371}} An exception allowing for early retirement is available where the judge seeking to retire certifies to the President that he is "permanently disabled from performing his duties," supplying a certification to that effect issued by the chief judge of the circuit.{{usc|28|372}} However, in May 2009, the United States Court of Appeals for the Fifth Circuit, in an opinion written by Chief Judge Edith Jones, denied Kent's disability status, and instead recommended his impeachment.{{cite news|url=http://www.setexasrecord.com/news/219269-5th-circuit-denies-kents-disability-status-recommends-impeachment|title=5th Circuit denies Kent's disability status, recommends impeachment|work=Southeastern Texas Record| last=Tennissen| first=Marilyn| date=2009-08-28 |accessdate=2009-06-03}}

Kent continued to draw his salary until 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 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. Despite Kent's retirement, had he been impeached and convicted, he would have lost his retirement benefits.

Kent pleaded guilty in February 2009 to obstruction of justice 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. He was sentenced on May 11, 2009, to serve 33 months in federal prison on the charge of obstructing justice in the investigation of the sexual abuse accusations. The obstruction charge carried a maximum punishment of 20 years in prison. As part of a plea agreement, Kent admitted that the sexual conduct was non-consensual. Kent had to pay a $1,000 fine and a total of $6,550 in restitution to the two victims. While in prison he was 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".{{cite news

|author = Staff reporter

|title = Federal Judge Gets Prison Sentence

|publisher = KRPC Houston

|date = 2009-05-11

|url = http://www.click2houston.com/news/19425791/detail.html

|accessdate = 2009-06-15

|url-status = dead

|archive-url = https://web.archive.org/web/20090513004019/http://www.click2houston.com/news/19425791/detail.html

|archive-date = 2009-05-13

}} On June 15, 2009, Kent reported to the Federal Medical Center, Devens in Devens, Massachusetts, to begin his sentence.{{cite news

|last = Powell

|title = Kent starts his prison sentence

|newspaper = Houston Chronicle

|date = 2009-06-15

|url = http://www.chron.com/disp/story.mpl/front/6479795.html

|accessdate = 2009-06-15

|first = Stewart M.

|url-status = live

|archive-url = https://archive.today/20130119124054/http://www.chron.com/news/houston-texas/article/Judge-Kent-reports-to-prison-hospital-in-1673073.php

|archive-date = 2013-01-19

}} In November 2009, he was transferred to a Florida state prison.{{cite news

| last = Paschenko

| first = Chris

| title = Former judge Kent moved to Florida prison

| newspaper = Galveston County Daily News

| date = 2009-11-07

| url = http://galvestondailynews.com/story.lasso?ewcd=d0c6ff0243dd9493

| archive-url = https://web.archive.org/web/20120224041158/http://galvestondailynews.com/story.lasso?ewcd=d0c6ff0243dd9493

| accessdate = 2010-01-24

| archive-date = 2012-02-24

| url-status= dead}}

In July 2011, Kent was released on furlough to attend his daughter's wedding, after which he served out the remainder of his sentence confined to his home in West Texas.{{cite news |last=Olsen |first=Lise |title=Disgraced ex-judge Kent out of prison, confined to cabin |url=http://www.chron.com/news/houston-texas/article/Disgraced-ex-judge-Kent-out-of-prison-confined-2079070.php |accessdate=February 27, 2012 |newspaper=Houston Chronicle |date=July 30, 2011}} His sentence was completed November 4, 2011.Federal Bureau of Prisons [http://www.bop.gov/iloc2/LocateInmate.jsp Inmate Locator] {{webarchive |url=https://web.archive.org/web/20130911025627/http://www.bop.gov/iloc2/LocateInmate.jsp |date=September 11, 2013 }}, query for inmate no. [https://archive.today/20130723193406/http://www.bop.gov/iloc2/InmateFinderServlet?Transaction=IDSearch&needingMoreList=false&IDType=IRN&IDNumber=45225-079&x=86&y=20 45225-079], accessed June 23, 2013.

On May 12, 2009, soon after Kent was sentenced to 33 months in prison, Representatives John Conyers, Jr. and James Sensenbrenner introduced separate resolutions (H.Res. 424{{cite web|url=https://www.congress.gov/bill/111th-congress/house-resolution/424/text|title=H. Res. 424: Authorizing and directing the Committee on the Judiciary to inquire whether the House should impeach Samuel B. Kent, a judge of the United States District Court for the Southern District of Texas.|author-link=John Conyers|date=2009-05-12|website=Congress.gov|publisher=United States House of Representatives|accessdate=2017-04-14|author=Conyers, John Jr.}} and H.Res. 431{{cite web|url=https://www.congress.gov/bill/111th-congress/house-resolution/431/text|title=H. Res. 431: Impeaching Samuel B. Kent, judge of the United States District Court for the Southern District of Texas, for high crimes and misdemeanors.|author-link=James Sensenbrenner|date=2009-05-12|website=Congress.gov|publisher=United States House of Representatives|accessdate=2017-04-14|author=Sensenbrenner, F. James Jr.}}), which were referred to 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 recommended that Kent be impeached and ordered that he not be given disability status. Chief Judge Edith Jones 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 to "take expeditious action" toward impeachment proceedings before Congress.{{cite web

|author = Staff reporter

| title = Fifth Circuit Takes Action Against Judge Kent

| publisher = The BLT: The Blog of Legal Times

| date = 2009-05-27

| url = http://legaltimes.typepad.com/blt/2009/05/fifth-circuit-takes-action-against-judge-kent.html

| accessdate = 2009-06-15

}}

{{wikisource|Articles of Impeachment Against United States District Court Judge Samuel B. Kent|Articles of Impeachment against Judge Kent}}

{{wikisource|Resolution dismissing the Articles of Impeachment against former United States District Court Judge Samuel B. Kent|Resolution dismissing Articles of Impeachment against former Judge Kent}}

On June 2, 2009, Judge Kent submitted his resignation to President Obama in an unsuccessful attempt to avoid hearings in Congress.{{cite news

|author = Gamboa, Suzanne

|title = House panel holds hearing on judge's crimes

|publisher = AP

|date = 2009-06-03

|url = http://www.chron.com/disp/story.mpl/ap/tx/6456547.html

|accessdate = 2009-06-15

|url-status = dead

|archive-url = https://web.archive.org/web/20090608155844/http://www.chron.com/disp/story.mpl/ap/tx/6456547.html

|archive-date = June 8, 2009

}} The resignation, had it not been precluded by removal from office, would have been effective as of June 1, 2010.{{cite web|author=Lozano, Juan A. |title=Convicted federal judge submits resignation letter |publisher=AP |date=2009-06-02 |url=https://news.yahoo.com/s/ap/20090602/ap_on_re_us/us_judge_convicted |accessdate=2009-06-15 }}{{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}} (Archived by WebCite at {{cite web|url=https://news.yahoo.com/s/ap/20090602/ap_on_re_us/us_judge_convicted |title=Archived copy |accessdate=2009-06-16 |url-status=live |archive-url=https://www.webcitation.org/5hYxEPxJX?url=http://news.yahoo.com/s/ap/20090602/ap_on_re_us/us_judge_convicted |archive-date=2012-10-25 }})

Chaired by Representative Adam Schiff, the hearings featured testimony from his accusers, Cathy McBroom and Donna Wilkerson.{{cite news |url=http://www.cnn.com/2009/POLITICS/06/03/judge.impeachment/index.html |title=Victims allege years of sexual misconduct by federal judge |accessdate=2009-06-11 |first=Tom |publisher=CNN |date=2009-06-03 |url-status=live |archive-url=https://archive.today/20120731133958/http://edition.cnn.com/2009/POLITICS/06/03/judge.impeachment/index.html |archive-date=2012-07-31 |last=Cohen}}

Kent and his lawyer, Dick DeGuerin, 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.{{cite news |url=http://www.chron.com/disp/story.mpl/metropolitan/6466542.html |title=House wastes no time in starting ouster of Judge Kent |accessdate=2009-06-11 |newspaper=Houston Chronicle |date=2009-06-09 |url-status=live |archive-url=https://archive.today/20130120071545/http://www.chron.com/news/houston-texas/article/House-wastes-no-time-in-starting-ouster-of-Judge-1742752.php |archive-date=2013-01-20 |first= Stewart M. |last=Powell}} The next day, the Judiciary Committee voted unanimously to send them to the full House.

Image:Housemanagers.jpg

The vote for impeachment in the House was scheduled to take place on June 18,.{{cite news

| last = Paschenko

| first = Chris

| title = House vote on Kent impeachment scheduled

| newspaper = Galveston County Daily News

| date = 2009-06-18

| url = http://galvestondailynews.com/story.lasso?ewcd=9ebb4644d7fc2ca9

| archive-url = https://web.archive.org/web/20090703131307/http://galvestondailynews.com/story.lasso?ewcd=9ebb4644d7fc2ca9

| archive-date = 2009-07-03

| accessdate = 2009-06-19

| url-status = dead}} but it was postponed until the next day due to prolonged debate over an appropriations bill.{{cite news

| last = Paschenko

| first = Chris

| title = Spending bill pre-empts Kent impeachment

| newspaper = Galveston County Daily News

| date = 2009-06-19

| url = http://galvestondailynews.com/story.lasso?ewcd=9187a1f0310d2d09

| archive-url = https://web.archive.org/web/20110716231237/http://galvestondailynews.com/story.lasso?ewcd=9187a1f0310d2d09

| archive-date = 2011-07-16

| accessdate = 2009-06-19

| url-status = dead}} All four articles of impeachment were passed by the House of Representatives, three unanimously and one having only a single member, Mel Watt (D-NC), voting "present".{{cite web|url=http://clerk.house.gov/evs/2009/roll418.xml|title=Final Vote Results for Roll Call 418|publisher=United States House of Representatives|accessdate=2009-06-20}} After the articles were approved, Representatives Adam Schiff (D-CA), Zoe Lofgren (D-CA), Hank Johnson (D-GA), Bob Goodlatte (R-VA), and Jim Sensenbrenner (R-WI) were appointed as managers to conduct the trial in the Senate, with Schiff and Goodlatte being designated as lead managers.{{cite web

|url=http://thomas.loc.gov/cgi-bin/bdquery/z?d111:hres565:

|title=H. Res. 565: Appointing and authorizing managers for the impeachment of Samuel B. Kent, a judge of the United States District Court for the Southern District of Texas.

|accessdate=2009-06-25

|author=Conyers, John Jr.

|author-link=John Conyers

|date=2009-06-19

|publisher=United States House of Representatives

}}{{Dead link|date=August 2021 |bot=InternetArchiveBot |fix-attempted=yes }}{{cite news

|author = Staff reporter

|title = House Impeaches U.S. District Judge Samuel Kent; Schiff and Goodlatte to serve as lead impeachment managers during Senate trial

|publisher = Pasadena Independent

|date = 2009-06-19

|url = http://pasadenaindependent.com/2009/06/house-impeaches-us-district-judge-samuel-kent-schiff-and-goodlatte-to-serve-as-lead-impeachment-managers-during-senate-trial/

|accessdate = 2009-06-25

|url-status = dead

|archive-url = https://archive.today/20130131203032/http://pasadenaindependent.com/2009/06/house-impeaches-us-district-judge-samuel-kent-schiff-and-goodlatte-to-serve-as-lead-impeachment-managers-during-senate-trial/

|archive-date = 2013-01-31

}} The articles of impeachment were sent to the Senate, where the proceedings were started on June 24.{{cite news

| last = Paschenko

| first = Chris

| title = Senate accepts impeachment articles against Kent

| newspaper = Galveston County Daily News

| date = 2009-06-25

| url = http://galvestondailynews.com/story.lasso?ewcd=179b5d83ff74f56d

| archive-url = https://web.archive.org/web/20110716231255/http://galvestondailynews.com/story.lasso?ewcd=179b5d83ff74f56d

| accessdate = 2009-06-25

| archive-date = 2011-07-16

| url-status = dead}} On that day, Senators passed two resolutions: one providing for a summons for Kent to answer the articles against him,{{cite web

|url = http://thomas.loc.gov/cgi-bin/bdquery/z?d111:sr202:

|title = S. Res. 202: A resolution to provide for issuance of a summons and for related procedures concerning the articles of impeachment against Samuel B. Kent.

|accessdate = 2009-06-25

|author = Reid, Harry

|author-link = Harry Reid

|date = 2009-06-24

|publisher = United States Senate

}}{{Dead link|date=September 2018 |bot=InternetArchiveBot |fix-attempted=yes }} and the other providing for a committee to analyze the evidence against him and report their findings to the full Senate.{{cite web

|url = http://thomas.loc.gov/cgi-bin/bdquery/z?d111:sr203:

|title = S. Res. 203: A resolution to provide for the appointment of a committee to receive and to report evidence with respect to articles of impeachment against Judge Samuel B. Kent.

|accessdate = 2009-06-25

|author = Reid, Harry

|author-link = Harry Reid

|date = 2009-06-24

|publisher = United States Senate

}}{{Dead link|date=September 2018 |bot=InternetArchiveBot |fix-attempted=yes }} Senators Claire McCaskill (D-MO) and Mel Martinez (R-FL) were designated as Chair and Vice Chair, respectively, of the committee.{{cite press release

| title = Senate Leaders Announce Bipartisan Committee To Investigate Judge Samuel Kent

| publisher = Senate Democratic Caucus

| date = 2009-06-24

| url = http://democrats.senate.gov/newsroom/record.cfm?id=314955&

| accessdate = 2009-06-25

}} 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. On June 30, President Obama accepted his resignation and on July 20, the House of Representatives passed a resolution asking the Senate to end the impeachment trial against Kent.{{cite web

|url=http://thomas.loc.gov/cgi-bin/query/z?c111:h.res.661:

|title=H. Res. 661: Instructing the managers on the part of the House of Representatives in the impeachment proceeding now pending against Samuel B. Kent to advise the Senate that the House of Representatives does not desire further to urge the articles of impeachment against Samuel B. Kent.

|accessdate=2009-07-22

|author=Conyers, John Jr.

|author-link=John Conyers

|date=2009-07-20

|publisher=United States House of Representatives

|archive-date=2014-10-02

|archive-url=https://web.archive.org/web/20141002185722/http://thomas.loc.gov/cgi-bin/query/z?c111:H.RES.661:

|url-status=dead

}} The Senate agreed to the resolution on July 22.

{{clear}}

{{Reflist|2}}

• {{FJC Bio|1261|nid=1383236|name=Samuel B. Kent}}
• Steven Lubet, {{cite web |url=https://www.greenbag.org/Lubet+Bullying+from+the+Bench.pdf |archive-url=https://webarchive.loc.gov/all/20050912124520/https%3A//www.greenbag.org/Lubet%2520Bullying%2520from%2520the%2520Bench.pdf |archive-date=September 12, 2005 |title=Bullying From the Bench |url-status=dead |access-date=February 1, 2017}}, The Green Bag, Autumn 2001.
• Kent's [https://web.archive.org/web/20090625005717/http://judiciary.house.gov/hearings/pdf/Kent090603.pdf letter] to the House Judiciary Committee's task force considering his impeachment, June 1, 2009
• U.S. House of Representatives [https://web.archive.org/web/20090624234558/http://judiciary.house.gov/hearings/pdf/HRes520Rpt.pdf Report no 111-159], Impeachment of Judge Samuel B. Kent, June 17, 2009. (In PDF format)
• 111th Cong. [http://hdl.loc.gov/loc.uscongress/legislation.111hres520 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 [http://www.bop.gov/iloc2/LocateInmate.jsp Inmate Locator] {{Webarchive|url=https://web.archive.org/web/20130911025627/http://www.bop.gov/iloc2/LocateInmate.jsp |date=2013-09-11 }}, information for inmate no. [http://www.bop.gov/iloc2/InmateFinderServlet?Transaction=IDSearch&needingMoreList=false&IDType=IRN&IDNumber=45225-079&x=83&y=13 45225-079], accessed June 19, 2009

{{s-start}}

{{s-legal}}

{{s-bef|before=Hugh Gibson}}

{{s-ttl|title={{nowrap|Judge of the United States District Court for the Southern District of Texas}}|years=1990–2009}}

{{s-aft|after=Marina Garcia Marmolejo}}

{{end}}

{{authority control}}

{{DEFAULTSORT:Kent, Samuel B.}}

Category:1949 births

Category:Impeached United States federal judges

Category:Judges of the United States District Court for the Southern District of Texas

Category:Living people

Category:Lawyers from Galveston, Texas

Category:Texas politicians convicted of crimes

Category:United States district court judges appointed by George H. W. Bush

Category:University of Texas at Austin College of Liberal Arts alumni

Category:University of Texas School of Law alumni