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Judge Kent News & Views
Click headline for full story
February 2007
Time to bench Judge Kent
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
By Cindy
George, Copyright 2008 Houston Chronicle
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
By Lise
Olsen, Copyright 2008 Houston Chronicle
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
By Lise
Olsen, Copyright 2008 Houston Chronicle
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.
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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'
By Lise
Olsen, Copyright 2007 Houston Chronicle
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
By Rick
Casey, Copyright 2007 Houston Chronicle
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?
By Rick
Casey, Copyright 2007 Houston Chronicle
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.
By Lise
Olsen, Copyright 2007 Houston Chronicle
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
By Juan
A. Lozano Associated Press Writer, © 2007 The Associated Press
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
By
Michelle Mittelstadt, Copyright 2007 Houston Chronicle Washington
Bureau
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
By Cindy
George, Copyright 2007 Houston Chronicle
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
By
Lise Olsen & Harvey Rice, Copyright 2007 Houston Chronicle
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
By
Harvey Rice, Lise Olsen & Michelle Mittlestadt, Copyright 2007
Houston Chronicle
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
By
Lise Olsen & Harvey Rice, Copyright 2007 Houston Chronicle
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
By Rick Casey, Copyright 2007 Houston Chronicle
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 |