Samuel B. Kent

Samuel B. Kent (born June 22, 1949) is a former United States district judge of the United States District Court for the Southern District of Texas, whose term ended in resignation in 2009 following charges of sexual abuse.

Kent served in the single-judge Galveston Division covering Brazoria, Chambers, Galveston, and Matagorda Counties.

Born in Denver, Colorado, Kent graduated from the University of Texas at Austin and the University of Texas School of Law, with a Bachelor of Arts degree in English (1971) and a Juris Doctor (1975).

Prior to appointment on the federal bench, Kent was a partner with the firm Royston, Rayzor, Vickery and Williams in Galveston, Texas.

A member of the Republican Party, he was nominated by President George H. W. Bush on August 3, 1990, to a seat vacated by Hugh Gibson, confirmed by the United States Senate on September 28, 1990, and received his commission on October 1, 1990.

His tenure as a United States District Court judge was marred from 2001 on by a series of disciplinary actions, culminating in his impeachment and resignation in 2009.

In 2001, the Chief Judge of the Southern District of Texas reassigned 85 cases away from Kent that were being handled by Richard Melancon, an attorney who was considered a close friend of Kent.

He also acknowledged that he had had non-consensual sexual contact with two female employees between 2003 and 2007.

In August 2007, Chief Judge Hayden Wilson Head Jr.. of the Southern District of Texas issued an order indicating that Kent would not be hearing cases between September 1, 2007, and January 1, 2008.

During Kent's four-month leave of absence, he continued to draw his annual salary.

He did not perform judicial work, with his cases instead allocated to other judges.

On December 20, 2007, the 5th Circuit issued an order indicating that there was an ongoing Department of Justice criminal investigation into the allegations underlying a complaint to the Judicial Council regarding Kent.

Kent was transferred to the Houston division of the Southern District of Texas in January 2008.

On August 28, 2008, Kent was indicted in federal court on three counts of abusive sexual contact and attempted aggravated sexual abuse, stemming from the same alleged conduct that was the basis for the 2007 misconduct complaint.

He was the first federal judge to be charged with federal sex crimes.

On May 11, 2009, Judge Kent was sentenced to 33 months in prison for lying to investigators about sexually abusing two female employees.

Dick Deguerin, Kent's attorney, said the judge would retire from the bench because of a disability, rather than resign, which would have enabled Kent to continue to receive his $169,300 annual salary for life.

That did not satisfy the leaders of the House Judiciary Committee, Representatives John Conyers Jr., (D-Mich.) and Lamar Smith (R-Tex.), who demanded that Kent resign immediately or face impeachment.

Judge Kent submitted his resignation on June 2, 2009, with the provision that it would not take effect for a full year.

This angered the membership of the House Judiciary Committee, which voted unanimously to send four Articles of Impeachment to the full House of Representatives on June 10, 2009.

The articles were passed on June 19, 2009, making Judge Kent the first federal judge to be impeached since Walter L. Nixon, Jr. in 1989.

Kent thereafter submitted a new letter of resignation to the Senate on June 25, 2009, taking effect on June 30, 2009.

On June 30, President Barack Obama accepted his resignation.

On July 20, the House of Representatives passed a resolution asking the Senate to end former Judge Kent's trial.

Two days later, the Senate agreed to the resolution.

On January 6, 2009, the federal grand jury that indicted him added three additional counts, for aggravated sexual abuse, abusive sexual contact and obstruction of justice.

On February 23, 2009, the day on which jury selection was to begin, Kent pleaded guilty to one count of obstruction of justice, and agreed to retire as judge, although it was unclear whether he would be permitted to retire rather than resign.

Kent was sentenced on May 11, 2009.

Although Kent purported to "retire", the minimum age at which a federal judge may retire with a pension is generally age 65, a condition that Kent, at age 59, did not meet.

An exception allowing for early retirement is available where the judge seeking to retire certifies to the President that he is "permanently disabled from performing his duties," supplying a certification to that effect issued by the chief judge of the circuit.

However, in May 2009, the United States Court of Appeals for the Fifth Circuit, in an opinion written by Chief Judge Edith Jones, denied Kent's disability status, and instead recommended his impeachment.

Kent continued to draw his salary until the effective date of his resignation on June 30, 2009.

Had he not resigned, he would have been paid until convicted by the Senate in his impeachment trial.

The requirement of Article III that federal judges "shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office" may preclude action against his salary barring impeachment.

Despite Kent's retirement, had he been impeached and convicted, he would have lost his retirement benefits.

Kent pleaded guilty in February 2009 to obstruction of justice for lying to a judicial committee investigating an allegation he sexually harassed an employee.

He was sentenced on May 11, 2009, to serve 33 months in federal prison on the charge of obstructing justice in the investigation of the sexual abuse accusations.

The obstruction charge carried a maximum punishment of 20 years in prison.

As part of a plea agreement, Kent admitted that the sexual conduct was non-consensual.

Kent had to pay a $1,000 fine and a total of $6,550 in restitution to the two victims.