Accused judge's return to bench draws protest

Judges to wait on criminal probe
By Marty Schladen
The Daily News

Published December 21, 2007
GALVESTON — 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.
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In its announcement Thursday, the 5th Circuit said reopening its investigation now could compromise the criminal investigation because Kent had asked that, if the matter were reopened, it be adversarial. That would mean he or his attorney could cross-examine witnesses against him.

When Kent returns to the bench in January, he will take an equal share of federal cases in the Galveston-Houston region as a dozen other judges.
http://news.galvestondailynews.com/story.lasso?ewcd=4cbdf0291784d79d

Court may have violated its own policies

By Marty Schladen
The Daily News

Published November 25, 2007
GALVESTON — 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.
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The 5th Circuit began an investigation into McBroom’s claims. But only after The Daily News made public the existence of McBroom’s complaint did the 5th Circuit’s judicial council issue an order punishing Kent.

It made only vague references to McBroom’s “sexual harassment” complaint and other unspecified complaints by other employees.
http://news.galvestondailynews.com/story.lasso?ewcd=435b2ae6c09b6b58

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
Wednesday, November 14, 2007

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."

Kent has been accused of groping a former employee, Cathy McBroom, in his court chambers in March in Galveston. Friends and family of the woman say she was repeatedly harassed over four years.
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U.S. Rep. Sheila Jackson Lee, D-Houston, a member of the committee, and the National Organization for Women had asked the group to investigate the allegations against Kent.

NOW President Kim Gandy said she was somewhat baffled by the committee's announcement. "The sensible thing to do would be to pursue a parallel course. I do not think that would interfere with a (criminal) investigation. If these allegations are true, I believe this judge should be removed from the bench."
http://www.statesman.com/news/content/news/stories/nation/11/14/1114judge.html