[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 520 Received in Senate (RDS)]
111th CONGRESS
1st Session
H. RES. 520
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2009
Received
_______________________________________________________________________
RESOLUTION
Impeaching Samuel B. Kent, judge of the United States District Court
for the Southern District of Texas, for high crimes and misdemeanors.
Resolved, That Samuel B. Kent, a judge of the United States
District Court for the Southern District of Texas, is impeached for
high crimes and misdemeanors, and that the following articles of
impeachment be exhibited to the Senate:
Articles of impeachment exhibited by the House of Representatives
of the United States of America in the name of itself and all of the
people of the United States of America, against Samuel B. Kent, a judge
of the United States District Court for the Southern District of Texas,
in maintenance and support of its impeachment against him for high
crimes and misdemeanors.
Article I
Incident to his position as a United States district court judge,
Samuel B. Kent has engaged in conduct with respect to employees
associated with the court that is incompatible with the trust and
confidence placed in him as a judge, as follows:
(1) Judge Kent is a United States District Judge in the
Southern District of Texas. From 1990 to 2008, he was assigned
to the Galveston Division of the Southern District, and his
chambers and courtroom were located in the United States Post
Office and Courthouse in Galveston, Texas.
(2) Cathy McBroom was an employee of the Office of the
Clerk of Court for the Southern District of Texas, and served
as a Deputy Clerk in the Galveston Division assigned to Judge
Kent's courtroom.
(3) On one or more occasions between 2003 and 2007, Judge
Kent sexually assaulted Cathy McBroom, by touching her private
areas directly and through her clothing against her will and by
attempting to cause her to engage in a sexual act with him.
Wherefore, Judge Samuel B. Kent is guilty of high crimes and
misdemeanors and should be removed from office.
Article II
Incident to his position as a United States district court judge,
Samuel B. Kent has engaged in conduct with respect to employees
associated with the court that is incompatible with the trust and
confidence placed in him as a judge, as follows:
(1) Judge Kent is a United States District Judge in the
Southern District of Texas. From 1990 to 2008, he was assigned
to the Galveston Division of the Southern District, and his
chambers and courtroom were located in the United States Post
Office and Courthouse in Galveston, Texas.
(2) Donna Wilkerson was an employee of the United States
District Court for the Southern District of Texas.
(3) On one or more occasions between 2001 and 2007, Judge
Kent sexually assaulted Donna Wilkerson, by touching her in her
private areas against her will and by attempting to cause her
to engage in a sexual act with him.
Wherefore, Judge Samuel B. Kent is guilty of high crimes and
misdemeanors and should be removed from office.
Article III
Samuel B. Kent corruptly obstructed, influenced, or impeded an
official proceeding as follows:
(1) On or about May 21, 2007, Cathy McBroom filed a
judicial misconduct complaint with the United States Court of
Appeals for the Fifth Circuit. In response, the Fifth Circuit
appointed a Special Investigative Committee (hereinafter in
this article referred to as ``the Committee'') to investigate
Cathy McBroom's complaint.
(2) On or about June 8, 2007, at Judge Kent's request and
upon notice from the Committee, Judge Kent appeared before the
Committee.
(3) As part of its investigation, the Committee sought to
learn from Judge Kent and others whether he had engaged in
unwanted sexual contact with Cathy McBroom and individuals
other than Cathy McBroom.
(4) On or about June 8, 2007, Judge Kent made false
statements to the Committee regarding his unwanted sexual
contact with Donna Wilkerson as follows:
(A) Judge Kent falsely stated to the Committee that
the extent of his unwanted sexual contact with Donna
Wilkerson was one kiss, when in fact and as he knew he
had engaged in repeated sexual contact with Donna
Wilkerson without her permission.
(B) Judge Kent falsely stated to the Committee that
when told by Donna Wilkerson his advances were
unwelcome no further contact occurred, when in fact and
as he knew, Judge Kent continued such advances even
after she asked him to stop.
(5) Judge Kent was indicted and pled guilty and was
sentenced to imprisonment for the felony of obstruction of
justice in violation of section 1512(c)(2) of title 18, United
States Code, on the basis of false statements made to the
Committee. The sentencing judge described his conduct as ``a
stain on the justice system itself''.
Wherefore, Judge Samuel B. Kent is guilty of high crimes and
misdemeanors and should be removed from office.
Article IV
Judge Samuel B. Kent made material false and misleading statements
about the nature and extent of his nonconsensual sexual contact with
Cathy McBroom and Donna Wilkerson to agents of the Federal Bureau of
Investigation on or about November 30, 2007, and to agents of the
Federal Bureau of Investigation and representatives of the Department
of Justice on or about August 11, 2008.
Wherefore, Judge Samuel B. Kent is guilty of high crimes and
misdemeanors and should be removed from office.
Attest:
NANCY PELOSI,
Speaker of the House of Representatives.
Attest:
LORRAINE C. MILLER,
Clerk.