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Judge Kent News & Views
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February 2007

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.

Judge’s social life raises questions

By Marty Schladen, The Daily News

02-04-08 -- At 11:30 a.m. on Oct. 6, 2006, Galveston attorney Tony Buzbee scored an important victory in a case involving 52 victims of the 2005 explosion at BP’s Texas City refinery. Minutes after the hearing, Buzbee took the judge who made the ruling, U.S. District Judge Samuel B. Kent, to lunch, said a witness who asked not to be named for fear of reprisal. . . . Buzbee and a lawyer for the judge didn’t confirm Friday whether the lunch took place. But if it did, there was nothing improper about it, they said. . . . Kent’s lawyer added that the ruling was perfectly reasonable. . . . “As long as judges and lawyers aren’t discussing court business, there’s nothing wrong with it,” Buzbee said. “If there is something wrong with it, you might as well indict every lawyer and every judge on this island.” . . . In the ruling, Kent ordered BP CEO Lord John Browne to submit to sworn questioning about the explosion.

January 2007

Probe of judge goes beyond sex allegations

By Marty Schladen, The Daily News

01-20-08 -- The FBI’s investigation of a Galveston County federal judge is looking into more than just sexual misconduct allegations. . . . The Daily News was told last week that federal agents had been interviewing Galveston restaurateurs about who U.S. District Judge Samuel B. Kent had dined and drank with throughout the years, and who has picked up the tab. . . . Dick DeGuerin, Kent’s attorney, on Friday confirmed that the federal probe extended beyond claims of sexual misconduct. . . . “They’re being as thorough as they can be and they’re investigating all the rumors that have been going on for years,” DeGuerin said. . .. “There’s always been rumors that Judge Kent favored certain lawyers or other lawyers were in disfavor with him, but his response has been real simple: Just take any lawyer and look at his win-loss record in his court. You look at any The FBI’s Houston office couldn’t be reached for comment for this story. lawyers who are his friends — and he does have some lawyers who are his friends — none of them has any better win-loss record in his court than any other lawyer. In fact, some don’t have as good of a record.”

Criminal cases stripped from Kent's docket
It now contains only civil matters

1-16-08 -- Federal judge Samuel Kent, who recently returned to work after a four-month paid leave of absence, has had his docket stripped of all criminal cases. . . . Chief Judge Hayden Head made the change in an amended work plan issued Jan. 8 and posted this week on the Southern District of Texas Web site. . .. Kent, a longtime Galveston jurist, was reassigned to the Houston federal courthouse in the fall amid allegations that he inappropriately touched a female court employee. . . . The Department of Justice is investigating a criminal complaint filed by Cathy McBroom accusing Kent of sexual assault.

Kent talks of personal struggles
But judge says he'll wait to tell his side against the allegations of misconduct

1-14-08 -- Barely 41 and still resembling the towering high school basketball star he once had been, Samuel Bristow Kent arrived at the helm of the lone federal judgeship in Galveston in 1990 earning strong U.S. Senate support on the strength of his prowess defending companies in legal disputes over injuries and deaths at sea. . . . But 17 years later, Kent's promising judicial career lies in the eye of a storm. Reprimanded by fellow judges, reassigned from his island bench and facing a federal criminal investigation of alleged sexual misconduct, the normally outspoken jurist recently broke a four-month public silence. . .. "As with every human controversy, there are absolutely two sides to this one, and I will vigorously present mine at the appropriate time," he told the Houston Chronicle. "It has been extremely frustrating for me, my family and my staff not to be able to speak in my defense."

Judge Kent all smiles back at Galveston court

By Marty Schladen, The Daily News

01-11-08 --- U.S. District Judge Samuel B. Kent was upbeat and unfailingly polite Thursday when he returned to the Galveston bench. . . . Kent had served a four-month suspension starting in September after his case manager filed a sexual-harassment complaint in May, accusing Kent of touching her in ways she didn’t want. Through his attorney, Kent has denied the charges. . . . The judge has long been known for his mercurial demeanor. So much so that a Northwestern University law professor wrote an entire magazine article about it in 2001 and titled it “Bullying From the Bench.” . . . But none of that was in evidence Thursday after Kent entered the courtroom 30 minutes late for docket calls in three cases and a status conference on a fourth. . . . “Good morning, everyone,” he declared to the audience with a smile.

Accused judge's return to bench draws protest

1-2-08 -- Three generations of the family of the federal court employee who has complained that U.S. Judge Samuel Kent assaulted her turned out today on a near-freezing morning to protest his return to the federal bench. . . . On the sidewalk outside the federal courthouse in downtown Houston, the youngest -- 14-year-old Caleb McBroom -- yelled out at passing Metro buses that Kent should be impeached for what the judge allegedly did to his mother. . . . "I wish I didn't have to be here — I wish this never would have happened to my mother," McBroom said, his brown cap pulled down low against the cold. "But if no one protests, nothing is going to get better." . . . Cathy McBroom herself, who works inside the same courthouse, did not take part in the demonstration. She has repeatedly declined requests for interviews about her complaint of judicial misconduct or her attorney's more recent formal request for a criminal investigation by the U.S. Department of Justice. . . . Kent also has not commented on the matter. But his attorney Dick DeGuerin has said Kent is innocent and questioned McBroom's motives and credibility in the matter. . . . McBroom's three children, her baby granddaughter and both of her parents were in the crowd of 27 protesters gathered today.

December 2007

Order keeps Kent from hearing certain cases

By Marty Schladen, The Daily News

12-22-07 -- The latest order by the 5th Circuit Court of Appeals will greatly restrict the cases U.S. District Judge Samuel Kent can hear when he returns to the bench in January, a legal expert said Friday. . . . The order said that as long as a federal criminal investigation into the judge’s conduct continues, Kent will not handle any cases in which the federal government is a party or in which sexual misconduct is alleged. . . . The means Kent won’t be able to preside in as many as two-thirds of all the federal cases that are filed, Carl W. Tobias, a law professor at Richmond University in Virginia, said Friday. . . . “I think the idea is that he might not be able to be fair in those cases,” Tobias said of Kent. . . . Kent is now serving a three-month suspension from the bench after the Judicial Council in September reprimanded him. . . . The reprimand cited, among other things, a complaint filed against him in May alleging “sexual harassment.”

Judges to wait on criminal probe

By Marty Schladen, The Daily News

12-21-07 -- The Judicial Council of the 5th Circuit Court of Appeals announced Thursday that it would await the outcome of a criminal investigation before deciding whether to discipline U.S. District Judge Samuel Kent more than it already has. . . . Meanwhile, Kent is slated to return to the bench in two weeks, even though he’s been accused by his former case manager of unwanted touching. His attorney in the matter, Dick DeGuerin, has said the charges are false. . . . The announcement by the 5th Circuit, which includes Texas, Louisiana and Mississippi, could pressure the U.S. Justice Department to move quickly in its criminal investigation. It said that, if the justice department didn’t act within three months, the 5th Circuit would consider whether to open an adversarial proceeding against Kent despite the criminal investigation. . . . Cathy McBroom, Kent’s former case manager, in May filed a complaint against Kent. It said that on a Friday afternoon in March, while she was in the judge’s Galveston office, he pushed up her shirt and bra, put his mouth on her breast and shoved her head toward his crotch, her mother and lawyer confirmed. . . . The Southern District of Texas, part of the 5th Circuit, in August announced that Kent wouldn’t hear cases for the last three months of the year, but it wouldn’t say why.

Kent hires DeGuerin in harassment case
Top defense attorney says judge committed 'no crime'

12-14-07 -- U.S. District Judge Samuel Kent has hired top Houston criminal defense attorney Dick DeGuerin, who insisted Wednesday that the judge committed "no crime" when he allegedly touched his former case manager inappropriately in his chambers last March. . . . "If and when he has his day in court, Judge Kent will be able to satisfy any jury there was no crime committed or intended — but I don't think it's going to get that far," said DeGuerin, who was asked by Kent to represent him in an ongoing investigation by the FBI. . . . Kent, who had been assigned to Galveston, was reprimanded by the 5th Circuit judicial council Sept. 28 for "sexual harassment" and "inappropriate behavior" toward female employees. The reprimand resulted from a misconduct complaint filed in May by his former case manager, Cathy McBroom. . . . DeGuerin said he has reviewed secret documents prepared by judicial council investigators, but could not discuss the findings. He said judicial investigators and the council clearly determined there was "no probable cause" to believe Kent had committed any crime. . . . The records of judicial investigations are routinely provided to judges accused of misconduct, though they are not given to complainants.

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

5th Circuit Council Pressed to Pursue Sex Harassment Complaint Against Federal Judge

Brenda Sapino Jeffreys, Texas Lawyer

11-30-07 -- The woman who alleges that U.S. District Judge Samuel B. Kent of Galveston, Texas, sexually harassed her wants the 5th Circuit Judicial Council to take further action. . . . In May, Cathy McBroom -- a former case manager for Kent -- filed a complaint with the 5th Circuit Judicial Council alleging "sexual harassment." . . . On Sept. 28, the 5th Circuit Judicial Council issued an order reprimanding and admonishing Kent in connection with McBroom's complaint. . . . However, McBroom's lawyer, Rusty Hardin, says the 5th Circuit Judicial Council did not refer the complaint to the Judicial Conference of the United States, which is comprised of federal judges from all of the circuits. So on Monday, McBroom filed a motion asking the judicial council to reconsider referring the complaint to the Judicial Conference and attached a summary report of Hardin's own investigation into allegations about Kent. . . . The Judicial Conference can refer the Kent matter to the House Judiciary Committee to initiate impeachment proceedings, among other options, which is what Hardin says McBroom wants.

Another hearing for Kent’s accuser

By Marty Schladen, The Daily News

11-28-07 -- A woman who has accused U.S. District Judge Samuel Kent of unwanted sexual touching will have her case reheard by a disciplinary panel of the 5th Judicial Circuit, her attorney, Rusty Hardin, said late Monday. . . . Late that afternoon, Hardin gave the panel summaries of interviews his team did of 20 people who have had contact with Kent. Hardin claims those interviews show that Kent has misbehaved toward women since shortly after he was named to the federal bench in Galveston in the early 1990s. . . . Hardin said he and his client are asking that the panel refer the matter to the Judicial Council of the United States with a recommendation that Kent be impeached. . . . And in a related matter, Hardin said his team today would turn over the product of its investigation to the U.S. Justice Department for a criminal probe. . . . The 5th Circuit in September suspended and reprimanded Kent after The Daily news made public a complaint filed against him by his case manager, Cathy McBroom.

Right judge for sex case investigation?

Rick Casey

11-28-07 -- Chief Judge Edith Jones of the 5th U.S. Circuit Court of Appeals has held a key position in the controversial disciplining of U.S. District Judge Samuel Kent. . . . She heads the 19-member Judicial Council that voted to publicly reprimand Kent and to suspend him for four months in connection with what it called "sexual harassment" allegations by his former case manager. . . . She also led a three-judge committee that investigated the allegations and presented what amounts to a plea bargain negotiated with Kent and his lawyer to the full body. . . . Rusty Hardin, lawyer for complainant Cathy McBroom, has asked for a rehearing, suggesting that key witnesses were not interviewed and that more evidence needs to be considered. . . . A boss with pliers. . . . As an investigator of sexual harassment claims, Jones cuts an unlikely figure. In court cases and public speeches, she has expressed little sympathy for women who file complaints. . . . Her most famous legal opinion came in 1989. Susan Waltman had filed a suit against International Paper Co. in Louisiana. . . . Waltman presented evidence that she suffered repeated harassment over a 2 1/2 -year period. It began with obscenities about her over the factory intercom.

Court may have violated its own policies

By Marty Schladen, The Daily News

11-26-07 -- Cathy McBroom’s mother and others say that her May complaint against U.S. District Judge Samuel Kent wasn’t the first time she told court officials about the judge’s alleged sexual misconduct. . . . But the court, often charged with judging sexual harassment by others, apparently failed to follow its own internal guidelines for correcting the problem, at least according to several people close to the case. . . .In 2003, McBroom went to her supervisor, Mary Ann Gore, and complained that Kent had harassed her and that it involved touching, McBroom’s mother, Mary Ann Schopp, said Friday. . . . But, rather than reporting the matter up the chain of command, Gore reportedly advised McBroom she risked being fired if she made a formal complaint against the judge, Schopp said. . . . Neither McBroom nor Gore would comment on these reports, so the accounts come from friends and relatives of McBroom and from McBroom’s attorney, Rusty Hardin, who had earlier confirmed that his client had made the allegation.

What a judge may tell Kent
The reprimand may sound familiar

11-18-07 -- There seems a good chance that U.S. District Judge Samuel Kent will face a jury of his peers — not the judges who already found him guilty, but of 12 good citizens and true. . . . Prominent defense attorney Rusty Hardin says he is preparing a criminal complaint on behalf of his client, Kent's former case manager Cathy McBroom. Hardin served 15 years as a prosecutor and was once named Texas Prosecutor of the Year. He says he believes Kent has committed both a state and a federal felony. . . . 'A mantle of high honor' . . . .At least two other former female employees who say they had problems with Kent may provide additional evidence. McBroom has also told friends she previously complained to a supervisor about Kent but was advised not to file a complaint for fear of retaliation. . . . Should Kent be convicted, here is some of what he might hear from the sentencing judge: . . . "When a federal judge dons his or her robes, that judge is not just cloaked with the required clothing of office. More importantly, the judge is thereupon cloaked with a mantle of high honor and responsibility, setting that judge distinctly apart from all other citizens."

Why was assault called harassment?

11-16-07 -- I may have been too harsh Sunday when I criticized the 19-member judicial council of the 5th U.S. Circuit for characterizing the alleged behavior of U.S. District Judge Samuel Kent as "sexual harassment." . . . "When a guy asks for a hug from a woman, then against her will puts his hand up under her blouse, pushes her bra up and puts his mouth on her breast, then forces her head down to his crotch, that is not harassment," I instructed the judges. "It's assault." . . . Now information seeping glacially out of the secret one-day session in which the council considered the facts of the case and decided on the punishment suggests that the judges may not have been aware of some of the cruder details of the alleged assault, as they were conveyed by Kent's case manager, Cathy McBroom, to two close friends and her mother shortly afterward. . . . Shocking, and more shocking / I'll say this for federal judges: They are not loose-lipped. Nor do they appear to be overly sensitive. Not a single one has called to complain about my column. . . . Still, I have come to understand that it is likely that the judges on the council were not aware of allegations that the judge put his mouth on the victim's breast, or that he pushed her head down toward his crotch.

Congressional committee puts judge inquiry on hold

U.S. House members say they'll await criminal investion into accusations that federal District Judge Samuel Kent groped former employee.

By Juan A. Lozano, Associated Press

11-14-07 -- A congressional committee said Tuesday that it will hold off looking into accusations against a federal judge suspended amid claims that he harassed a female employee. . . . The woman's attorney said he welcomed the committee's decision and believed it was the right thing to do. . . . In a statement, the U.S. House Judiciary Committee said it will not take any action related to U.S. District Judge Samuel Kent until other steps, such as a criminal investigation, take place. . . . The committee has jurisdiction over the administration of federal courts. . . . "The recently publicized charges against Kent are shocking and cause grave concern for all of us," the committee said in a statement attributed to Chairman John Conyers Jr., D-Mich.; courts subcommittee Chairman Howard Berman, D-Calif.; and ranking GOP member Lamar Smith, R-San Antonio. . . . "While the alleged conduct is disgraceful, it is, nonetheless, the practice of the House Committee on the Judiciary to defer formal action until available intermediate remedies have been pursued."

Congress must step in on Kent

By Heber Taylor, The Daily News

11-14-07 -- The federal judicial system has failed to do its duty in handling accusations against U.S. District Judge Samuel B. Kent. Now, what the courts have failed to do, Congress must do. . . . Based on everything now known about the judge’s conduct, the 5th Circuit Court of Appeals should have seen to it that Kent resigned or faced an impeachment inquiry or perhaps even criminal prosecution. . . . The court took no such action, and thus it reinforces a disturbing notion: Federal judges are themselves above the law. . . . Cathy McBroom, Kent’s former case manager, complained that the judge grabbed her, pulled up her blouse and bra and put his mouth on her breast. She said the alleged assault occurred in the judge’s chambers in Galveston’s federal court. . . . The judges who looked into this complaint could have done several things. They could, for example, have seen to it that assault charges were filed with the proper authorities.

How far did this federal judge go?
A judicial council reprimanded U.S. District Judge Samuel Kent for 'inappropriate behavior' and accused him of misconduct over sexual harassment charges. But that only begins to tell the story.

11-12-07 -- The federal court employee at the center of a sexual misconduct complaint against U.S. District Judge Samuel Kent first went to her boss about the judge allegedly touching her inappropriately in 2003 — four years before the March incident that led to his reprimand by the 5th Circuit judicial council. . . . In mid-2003, case manager Cathy McBroom told her supervisor that the judge lured her into an office used as an exercise room and groped her, according to interviews with McBroom's friends, her mother and other sources. . . . But her female supervisor advised that McBroom could lose her job if she made a formal complaint, and no further action apparently was taken. . . . The alleged assault in March prompted McBroom to request an immediate transfer and file a judicial misconduct complaint. It resulted in a rare reprimand of the judge for sexual harassment and "inappropriate behavior" toward other employees. . . . For the first time, the Houston Chronicle is publishing details about the 2007 incident and other encounters based on interviews with McBroom's close friends, family and co-workers — all of whom spoke to McBroom in the hours or days after the incident. . . . McBroom and her attorney, Rusty Hardin, would not comment on specifics. However, Hardin told the Chronicle he is preparing a criminal complaint for federal officials. . . . "I believe (Kent) committed a felony under state and federal law, and we're so informing federal authorities."

Allegations against judge prompt talk of criminal case

11-12-07 -- New accusations against a federal judge suspended for allegedly harassing a female employee has lawyers planning criminal complaints and discussing whether it would be handled at the state or federal level. . . . The attorney for the alleged victim said Monday he hopes to present a criminal complaint against U.S. District Judge Samuel Kent within two weeks. . . . The Judicial Council of the 5th U.S. Circuit Court of Appeals reprimanded Kent in September, ordering Kent on leave for four months. Kent, who worked in Galveston, had his court docket reallocated and he will be moved to Houston, about 50 miles northwest. He is still collecting his $165,000 annual salary while on leave. . . . At the time, Kent was accused of making inappropriate comments to female employees. But family and friends of Cathy McBroom, the alleged victim, now say Kent groped her in his chambers. . . . Galveston County District Attorney Kurt Sistrunk said he spoke with U.S. Attorney Don DeGabrielle in Houston about who would have jurisdiction if a criminal investigation ever took place. . . . Sistrunk's communication with DeGabrielle was first reported Sunday by The Galveston County Daily News. . . . "We initiated the contact with Mr. DeGabrielle based on what had been reported in the media," Sistrunk told The Associated Press Monday in an e-mail. "We saw the story and took the initiative to try and determine where jurisdiction would be if the question ever came up in any scenario."

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."

Jackson Lee wants judge investigated
Lawmaker asks for House inquiry of Galveston jurist

11-5-07 -- U.S. Rep. Sheila Jackson Lee has asked the House Judiciary Committee to open an investigation of a federal judge from Galveston who was reprimanded by a judicial panel after being accused of sexual impropriety and abuse of power. . . . The Houston Democrat, who serves on the Judiciary Committee's courts subcommittee, termed "serious" the allegations against U.S. District Judge Samuel Kent, who recently was reassigned to Houston. . . . "I believe that we have an 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," she wrote the committee's chairman, Rep. John Conyers, D-Mich. . . . Conyers "is looking at this very seriously and will work with Representative Jackson Lee and others on this matter," an aide to the chairman said in a statement Friday.

Kent order less detailed than others

By Marty Schladen, The Daily News

11-5-07 -- A September reprimand of U.S. District Judge Samuel B. Kent was a rare act of discipline by the Judicial Council of the 5th Circuit, but it wasn’t unprecedented. . . . However, the order chastising the Galveston judge appears to be unique in that it’s more vague about the judge’s misdeeds than his predecessors’ orders are about theirs. . . . On Sept. 28, the council released an order reprimanding Kent, 58, and suspending him from the bench for the last four months of the year. . . . Last week, Kent’s fellow judges in the Southern District of Texas voted to remove him as permanent judge in Galveston. When Kent comes back in January, he’ll split cases equally with the 11 other judges in the Houston-Galveston region. . . . The 5th Circuit order mentions a sexual harassment complaint filed against Kent by a court employee; a complaint that was reported in The Daily News almost a week earlier. . . . The order also says that as a special committee investigated the complaint, it unearthed other “instances of alleged inappropriate behavior toward other employees of the federal judicial system.” . . . But there’s not a word describing that behavior, or one saying whether the judicial council found those complaints or the sexual harassment allegation to be true. . . . That vagueness has sparked outrage in some quarters.

Galveston judge's reassignment will have costly effect

11-5-07 -- It is unclear whether a reassignment to Houston's federal courthouse for rebuked Galveston federal judge Samuel Kent is part of his punishment, but the move will mean a change in the way his colleagues on the bench in Houston do business. . . . In late October, the Galveston docket was split among Kent and the 11 other federal district judges in Houston. This means that, on occasion, the otherwise big-city judges will be commuting to the beach — a 50-mile, hourlong drive one way. . . . Kent, 58, was reprimanded last month by the Judicial Council of the 5th U.S. Circuit Court of Appeals, which governs federal courts in Texas, Louisiana and Mississippi, after a four-month investigation into allegations that he improperly touched a court employee. . . . The probe was expanded to include accusations that Kent sexually harassed other court workers. Investigators also heard claims about drinking and favoritism in Kent's handling of cases. . . . Kent is on a four-month leave of absence, with pay, as part of his punishment. He also was ordered to complete unspecified "remedial courses of action." . . . When Kent returns to the bench Jan. 2 in Houston, he will preside over 8.5 percent of Galveston cases.

October 2007

Kent, his accuser in same building

By Marty Schladen, The Daily News

10-29-07 -- The chief judge of the Southern District of Texas on Friday said he didn’t know when — or whether — Galveston would get a permanent federal judge. . . . Meanwhile, it was hard to learn the reason why suspended U.S. District Judge Samuel B. Kent was removed Thursday as Galveston’s permanent judge. . . . Some speculated it could be an attempt to inconvenience the judge and get him to resign. . . . Others said it might be an attempt to avoid the appearance that some attorneys would receive favored treatment by filing cases in Galveston. . . . Still others said it might be an attempt to retaliate against a court employee who transferred from Galveston after she made a sexual harassment complaint against the judge. Once he resumes hearing cases in January, Kent will be based primarily in Houston — in the same building with his accuser. . . . Shocking Decision . . . The president of the National Organization of Women on Friday said a dark motive could be read in the decision to move Kent primarily to Houston. . . . “I find it shocking that he would be allowed to move to the same jurisdiction where the woman who made a complaint against him was moved,” said NOW President Kim Gandy, herself a lawyer who has practiced in the 5th Circuit. “It almost smacks of retaliation.”

Embattled judge moved to Houston

By Laura Elder, The Daily News

10-27-07 -- U.S. District Judge Samuel B. Kent, reprimanded last month by a judicial panel after a court employee accused him of sexual harassment, has been transferred from Galveston to Houston. . . . The order to transfer Kent, whose colorful and often acerbic decisions earned him reverence in some circles and a reputation as a bully in others, came after a regularly scheduled executive session of judges presiding in the Southern District of Texas. . . . Kent, the island’s only federal judge, has presided in Galveston since 1990, when President George H.W. Bush appointed him. He’ll leave his Galveston bench with a career stained by scandal and as groups, including the National Organization for Women, call for his impeachment.

Impeachment: Cumbersome, but it’s doable

By Marty Schladen, The Daily News

10-17-07 -- Impeachment is an unwieldy club to use against misbehaving federal judges. But some legal experts believe it might be the only constitutional way to discipline them. . . . However, others worry that impeachment is unworkable. Two decades ago, when federal judges last faced impeachment, some in Congress complained that the country had grown too big for a process that was cumbersome even when the judiciary was small. . . . But a pair of U.S. Supreme Court actions says Congress can streamline the impeachment process and that judges can discipline their own. . . . In The Spotlight / Impeachment and its mechanics are in the news because of U.S. District Judge Samuel B. Kent, who sits in Galveston. . . . Late last month, the judicial council of the 5th Circuit reprimanded Kent after his case manager made a sexual harassment complaint against him. The complaint involved unwanted physical contact, said the lawyer for the woman who complained. . . . The judicial council cited other, unspecified complaints by court employees against the judge. . . . Kent and his attorney have ignored repeated requests for comment.

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NOW says impeach Kent if he harassed

By Marty Schladen, The Daily News

10-15-07 -- The National Organization for Women said Friday that, if U.S. District Judge Samuel Kent is guilty of sexual harassment, he should be impeached. . . . The group called on the House Judiciary Committee to review the findings of a judicial council investigation of Kent. If those findings show he violated federal civil rights law, impeachment proceedings should commence, the half-million-member advocacy group said. . . . In an earlier interview, Kim Gandy, the president of the organization, said she thought it seemed clear from a disciplinary order issued by Kent’s fellow judges that they considered him guilty of sexual harassment. . . . Kent has been suspended through the end of the year from hearing cases in Galveston’s federal court. . . . Late last month, days after The Daily News reported that a court employee had complained of sexual harassment, the Judicial Council of the 5th Judicial Circuit issued an order reprimanding Kent. The order mentioned the sexual harassment allegation and other complaints, but it gave no details and it didn’t say whether it determined if the complaints were credible. . . . The employee, Cathy McBroom, complained of unwanted physical contact, her attorney, Rusty Hardin, has said.

Republican calls for Congress to probe Kent

By Marty Schladen, The Daily News

10-12-07 -- The ranking Republican on the House Judiciary Committee and a leading constitutional scholar added their voices Thursday to those calling on the committee to begin investigating whether U.S. District Judge Samuel B. Kent should be impeached. . . . Both say the Judiciary Committee should conduct a preliminary probe of whether the committee should go forward with a formal proceeding. . . . “The allegations are very serious,” said a statement released by U.S. Rep. Lamar Smith, R-Texas. “The committee should gather all the facts relating to this matter and take a careful look at them.” . . . Kent presides over the Galveston Division of the U.S. District Court for the Southern District of Texas, which has jurisdiction in Galveston, Brazoria, Matagorda and Chambers counties. . . . As ranking Republican, Smith leads the minority members of the Judiciary Committee, where impeachment proceedings originate. . . . U.S. Rep. John Conyers, D-Mich., who chairs the committee, has not weighed in on the matter.

Kent should resign

By Dolph Tillotson, The Daily News

"Not only are trial judges required to be fair and impartial, they must also satisfy the appearance of justice… The appearance of bias alone is grounds for reversal, even if the trial judge is, in fact, completely impartial." — Stanford Law Review, 1985

10-10-07 -- Federal District Judge Samuel B. Kent should resign his post, or the U.S. House of Representatives should begin an impeachment inquiry. That is a judgment not offered lightly, and it is based on the belief that the appearance of justice in Judge Kent’s court is damaged beyond repair. . . . The public clearly knows this much: Something is badly wrong with the administration of justice in Judge Kent’s Galveston courtroom. Exactly what is wrong has been deliberately obscured by a judicial system designed to protect federal judges. . . . That secrecy is itself a contributor to the problem. Secrecy protects judges, but it also has placed this judge under deep suspicion. All the public knows is that there are problems, serious ones, and that the man appointed to administer justice apparently has violated rules he must himself enforce. . . . For those who have not followed this case, Judge Kent has served on the bench for 17 years. He is, by all accounts, knowledgeable, incisive and experienced, especially in the complexities of maritime law.

Could Kent lose his bench?
Judge may face Congress over abuse allegations

10-8-07 --For 17 years, U.S. District Judge Samuel B. Kent presided like a king over his court in Galveston, using the power of his pen to write sharply worded opinions that struck lawyers and litigants like lightning. . . . In 1993, he said lawyers offered "half-baked, hair-brained theories" that were "illogical, insupportable, nonsensical and some even extremely outlandish." . . . In 1996, he ridiculed a request to move a case to Houston: "Defendant will be pleased to discover that the highway is paved and lighted all the way ... (and) free of rustlers, hooligans or vicious varmints." . . . His words earned the judge a national reputation in law schools and on blogs as a jokester and bully. But it's his behavior in chambers that has landed the jurist in serious trouble today. . . . Legal experts are asking whether Kent, 58, has gone too far to remain on the bench — and to be credible deciding sexual harassment cases after being publicly accused of the same behavior himself. . . . On Sept. 28, the Judicial Council of the 5th U.S. Circuit Court of Appeals reprimanded Kent for sexual harassment of one court female employee and mistreatment of others. . . . The episodes of alleged abuse began a decade ago and involved at least three employees, according to interviews with two women and with attorney Rusty Hardin, who represents the third. . . . In the most recent incident, the judge was accused of inappropriately touching a female case manager in his chambers in March.

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.

Congress might consider Kent investigation

10-3-07 -- The U.S. House Judiciary Committee should investigate accusations of sexual impropriety against U.S. District Judge Samuel B. Kent of Galveston, the committee's former chairman said Tuesday. . . . "If a judge's misconduct is sufficient to cause him to be suspended from the bench by the 5th Circuit, then I think Congress has a reason to look into that," said Judiciary Committee member U.S. Rep. F. James Sensenbrenner, R-Mich. . . . Sensenbrenner, an influential advocate of judicial reform, was a key player in the most recent impeachment proceedings of a federal judge in 1989. . . . The Judicial Council of the 5th U.S. Circuit Court of Appeals formally reprimanded Kent on Friday after a four-month secret judicial investigation into charges of "sexual harassment" and "inappropriate behavior" toward court employees.

Federal judge disciplined for sexual harassment

10-1-07 -- A judicial council has reprimanded federal Judge Samuel B. Kent of Galveston after a four-month secret investigation into serious allegations of a pattern of sexual impropriety and abuse of power. . . . In the most recent incident, Kent is accused of harassing and inappropriately touching his 49-year-old case manager in his chambers in March. . . . The woman, Cathy McBroom, reported the incident to federal judicial authorities in May, but has so far made no criminal complaint. . . . When asked if the tribunal of judges investigating the incident has an obligation to report a potential criminal act against a court employee, Joe St. Amant, the spokesman for the 5th Circuit Court of Appeals said, "That's a complicated matter." . . . On the day of the incident, other employees saw McBroom crying and visibly upset, according to interviews. A few weeks later, McBroom transferred to another federal court job in Houston. McBroom was so shaken by the encounter, "She (was) a basket case," an acquaintance said. . . . McBroom has retained Houston attorney Rusty Hardin, who would not comment for now on the particulars of the case. . . . "We have been watching, with interest, the investigation," Hardin said Friday.

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

Feds to shred evidence against judge

10-1-07 -- Seldom do I get the chance to offer the work of the Texas Legislature as a model to a grateful nation, so it is important to jump on a chance to do so. . . . We can thank U.S. District Judge Samuel Kent of Galveston, whose misbehavior toward a female employee demonstrates the inferiority of the federal system in disciplining judges, for the opportunity. . . . Friday, the Judicial Council of the 5th U.S. Circuit Court of Appeals issued an order reprimanding Kent. . . . The order is not exactly a model of clarity. Is it possible former Federal Reserve Chairman Alan Greenspan is now ghost-writing for the 5th Circuit? ***

Federal law requires that the results of the investigation remain secret. What's more, the rules of the 5th Circuit require that copies of all documents gathered or produced in the investigation be destroyed (only original paperwork is kept, sealed from public access).

Other Information

Samuel B. Kent - Wikipedia, the free encyclopedia

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