Samuel Kent
| Samuel Kent | |
| Current Court Information: | |
| United States District Court for the Southern District of Texas | |
| Title: | Former Judge |
| Position: | Seat #5 |
| Service: | |
| Appointed by: | George H.W. Bush |
| Active: | 10/1/1990 - 6/30/2009 |
| Preceded by: | Hugh Gibson |
| Succeeded by: | Marina Marmolejo |
| Personal History | |
| Born: | 1949 |
| Home State: | Denver, CO |
| Bachelors: | University of Texas (1971) |
| Law School: | University of Texas School of Law (1975) |
Contents |
Samuel B. Kent was an Article III federal judge for the United States District Court for the Southern District of Texas. On June 15, 2009 Kent reported to prison after pleading guilty to a felony count of obstruction of justice. In exchange for his guilty plea on that count, Kent had several charges of abusive sexual contact and sexual harassment dropped. Kent resigned on June 30, 2009 avoiding a impeachment trial in the Senate.
Kent was formally impeached by a unanimous vote of the House of Representatives on June 19, 2009.
Early life and education
A native of Denver, Kent graduated from the University of Texas at Austin with his Bachelor's Degree in 1971 and his Juris Doctor Degree in 1975. [1]
Professional career
Kent spent his pre-judicial legal career as a private practice attorney licensed in the State of Texas practicing in the Gavelston Area from 1975 to 1990. [1]
Judicial career
Southern District of Texas
On the recommendation of Texas U.S. Senator Phil Gramm, Kent was nominated by President George H.W. Bush on August 3, 1990, to a seat vacated by Hugh Gibson as Gibson assumed senior status. Kent was confirmed by the U.S. Senate on September 28, 1990 on a senate vote and received commission on October 1, 1990. [1] Kent was succeeded in this position by Marina Marmolejo.
Sex abuse case
Original charge and plea
Judge Samuel Kent was charged in August 2008 with committing sex crimes. His former case manager accused him of physically harassing her over a four-year period. Judge Kent was the first federal judge to be charged with sex crimes.
In September 2008, Kent pleaded not guilty to three original charges which included two counts of abusive sexual contact and one count of attempted aggravated sexual abuse. The charges stem from a complaint filed by Kent's former case manager in the Southern District of Texas, Cathy McBroom. [2]
Guilty plea
On February 23, 2009, Judge Kent pleaded guilty on a felony count of obstruction of justice. In exchange for the plea he got five of the most serious charges against him dropped. [2] Kent was sentenced to 33 months in prison. [3]
Kent pleaded guilty to the obstruction charge – Count Six in the superseding indictment against him -- before U.S. District Judge Clyde Vinson of the Northern District of Florida, who is sitting by assignment. As a result, Kent avoided trial on the other five charges against him. [2]
"I understand the crimes to which I have agreed to plead guilty, the maximum penalties for those offenses and sentencing guideline penalties potentially applicable to them," said Kent, according to the Defendant's Acceptance portion of the plea agreement indicating Kent's acknowledgment of the plea agreement. [2]
After Kent pleaded guilty, his attorney Dick DeGurin told reporters outside the courthouse that Kent notified President Barack Obama and chief judge Hayden Head that he is "retiring" from the bench. "Judge Kent believes the compromise settlement is in the best interest of all involved," DeGuerin said. "The trial would have been long, embarrassing and difficult for all involved." [2]
Additional charges
On January 6, 2009 a federal grand jury issued a superseding indictment in United States v. Samuel B. Kent that added three criminal charges against Judge Kent, including one count of aggravated sexual abuse, one count of abusive sexual contact and one count of obstruction of justice. The alleged victim in the superseding indictment was only identified as "Person B" per federal eradication policies. [2]
The obstruction charge alleged Kent obstructed justice when he made false statements to the Special Investigative Committee of the Fifth Circuit which was investigating Ms. McBroom's complaint. On January 7, 2009 Kent pleaded not guilty to the three additional charges that were levied in the grand jury indictment. [2]
Judge Kent on June 15, 2009 reported to a federal prison in Ayer, MA that specializes in care for felons with medical or mental health issues. [4]
Impeachment
On May 17, 2009, Chief Judge Edith Jones of the Fifth Circuit recommended that Judge Kent be impeached and ordered that he not be given disability status. In a letter sent by Chief Judge Jones to Kent's lead lawyer Dick DeGuerin, said no to the disability status claim 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," so did not appear to be disabled or impaired. [5]
Judge Samuel Kent was impeached by the House of Representatives on June 19, 2009 with all 435 members of the House voting to approve four articles of impeachment. [6] During the proceedings, both the Republican and Democrat camps criticized Kent for collecting his taxpayer salary during his recent stint in prison. [6]
On June 25, 2009, Samuel Kent sent a letter to President Barack Obama indicating that he would officially resign on June 30, 2009. Congressman Jim Sensenbrenner who managed the House impeachment proceedings stated in a official statement in regards to Judge Kent's resignation: [7] "I am pleased to learn that Judge Kent has resubmitted his resignation, this time effective on June 30, 2009. Kent’s realization that we would not allow him to take advantage of the system proves that the system works and justice has been served. I hope this process reminds other judges that they are not above the laws they took an oath to uphold. I hope the women Mr. Kent assaulted will find some closure in this man being behind bars and no longer being able to serve on the bench or collect a taxpayer-funded paycheck". [7] [8]
Imprisonment
Kent on November 7, 2009 was transferred from a mental hospital in Massachusetts where he began to serve his sentence to the state prison system of Florida. As part of the move, Kent was put in protective custody. Kent's attorney's were critical of the move saying that the Bureau of Prisons was being too cautious.[9]
House Impeachment Proceedings
See also
External links
- Judge Kent's letter to the House Judiciary Committee in regards to impeachment
- Fifth Circuit Judicial Council order denying Judge Kent disability status
- Transcript of the House Judiciary Committee task force on Judicial Impeachment on Judge Kent
- Impeachment materials from the House Judiciary Committee
- Rebuttals from Samuel Kent defense team
- News Reports on Kent's Impeachment
- Judge Kent's Biography from the Federal Judicial Center
References
- ↑ 1.0 1.1 1.2 Judge Kent's Biography from the Federal Judicial Center.
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 "Law.com" Judge Kent pleads guilty, February 23, 2009
- ↑ CNN.com, "Victims allege years of sexual misconduct by federal judge," June 3, 2009
- ↑ "Houston Chronicle" Samuel Kent Reports to Prison, June 11, 2009
- ↑ "Legal Times" Fifth Circuit Takes Action on Samuel Kent, June 22, 2009
- ↑ 6.0 6.1 "Washington Post" House impeaches Federal judge Samuel Kent, June 19, 2009
- ↑ 7.0 7.1 "Congressman Jim Sensenbrenner" Statement of Samuel Kent Impeachment, June 30, 2009
- ↑ "Houston Chronicle" Kent’s judgeship in Galveston moving to McAllen, July 9, 2009
- ↑ "UPI" Federal judge now in state custody, November 7, 2009
| Federal judicial offices | ||
|---|---|---|
| Preceded by: Hugh Gibson |
Southern District of Texas 1990–2009 Seat #5 |
Succeeded by: Marina Marmolejo |
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| 1989 |
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| 1990 |
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| 1991 |
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| 1992 |
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