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Fall from grace and glory


Federal District Judge Samuel B. Kent of Texas had to leave the bench, though not his salary behind.  He will be unable to preside in court because he has been in jail since last Monday, according to Ashley Southall of The New York Times: "serving 33 months in prison for lying to a judicial panel about his sexual assault of two female employees."  The NYT editorialized a week ago that he did not deserve his salary, but needed to be impeached and so he was.  If the U.S. Senate trial of Judge Kent finds him guilty of the House's recent impeachment charges, he will lose his $169,300 salary also.  Federal judges are appointed for life.  Judge Kent refused to resign before going to jail, claiming disability for bipolar disorder and depression, as well as alcoholism.  The judge will be "serving his sentence in a Massachusetts prison that specializes in alcohol and drug rehabilitation," Southall reveals. The House of Representatives, Southall reported,

approved four impeachment articles to remove Samuel B. Kent from the federal district court in Galveston, Tex.: two articles of sexual misconduct, one article of lying during a judicial inquiry, and one article of making material and false statements to federal investigators.

It was quite a journey  for him. As is so often the case it, was not the original offenses that put him away, but the lying about it.  The judge is a sexual offender.  He plead guilty "for lying to an investigative committee of judges about whether he had sexually harassed his secretary. . . In return, the government agreed to drop five charges that he had repeatedly groped his secretary and his case manager," the New York Times reported back in May.  The investigative panel, who did not get the full story,  originally suspended Kent without pay for 4 months, reprimanded him and did not release the details of the abuse.  But then came the indictment and several months later, the guilty plea of lying about it to the original judicial panel.

I was curious to see how he descended so far. In addition to the current impeachment stories, a New York Times search turned up an August 1993 story that I remembered, though I had not made the Judge Kent connection.  Judge Kent, who is from Corpus Christi, Texas,  was appointed in 1991 by George H.W. Bush.  The story concerned a lawsuit brought by Northwest and Continental Airlines against American Airlines for predatory pricing.  American was based at the time in the DFW Metroplex where I live.  Judge Sam Kent presided, famed lawyer David Bois was one of the plaintiffs' attorneys, and Robert Crandall was the colorful head of American Airlines. They clashed and Crandall won, as the jury, following Judge Kent's instructions, turned in a quick verdict for the defendant American Airlines.  To quote:

After an intense four-week trial, jurors decided in less than four hours today that American Airlines did not try to drive weaker competitors out of business with "predatory" prices during the air fare war last summer.

Continental decided not to appeal the verdict, according to a follow-up NYT story.

"I think the fact that the jury came in so quickly and rejected their accusations out of hand probably has had some effect in their thinking," said Andrew B. Steinberg, American Airlines' senior attorney, referring to Continental's decision not to appeal. "It was a clear vindication for American."

Mr. Jamail and David Boies, Continental's lead lawyer, said after the verdict that the only avenues they saw for appeal were Judge Samuel B. Kent's instructions to the jury, which they thought were too specific, and certain rulings on evidence.

. . . Mr. Steinberg also said American Airlines plans early next week to send a bill of its court costs to Judge Kent. He said the costs range from $200,000 to $500,000, which American Airlines wants to recover since it did not bring the suit.

Judge Kent, who said Tuesday he was not inclined to reimburse the costs, told American Airlines lawyers he would take the request under advisement and make a decision next week.

I think of the contrasts in Judge Kent's power and position between 1993 and 2009.  In 1993 Kent presided over a big corporate trial that garnered national coverage , just two years after he came to the federal bench.  After the trial was over he would have been the sole decider as to whether American Airlines would get the $200,000 to $500,000 it lost defending itself against its competitors.

Fast forward to last year and this year. Again it was power and position that came into play.  Sexual harrassment of paid employees is very often rooted in the power-over position of a superior over his subordinates.  I am not qualified to say what part Judge Kent's claimed mental illness paid in the episode.  Perhaps he will get whatever treatment he needs.  But he does not need to continue to collect his salary at taxpayer expense.  Let us hope the Senate acts quickly to remedy this outrageous and sordid saga.


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You've said it all. Oh. Except why in the hell do we have any life-time jobs at all, including Supreme Court Justices, which should be 25 years, max? But Federal District Judges? How many people knew he was bi-polar and an alcoholic?

Now, treatment is available for both of the above, and I'm not in favor of firing someone for treatable illnesses, but if this jerk wants to use them as an excuse, the message is that those problems were compromising his judgement. How many trials did he oversee through the fog of his problems? When someone has a lifetime appointment, they have no incentive to even APPEAR to do a good job. The only reason he is where he is is because he went so far over the line.

No one should have a guaranteed life-time job. There is no possible justification for it. I'm sure the Senate will swat this flea, but they should take on the entire wooley mammoth of a mess.

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"Judge Kent refused to resign before going to jail, claiming disability for bipolar disorder and depression, as well as alcoholism. The judge will be "serving his sentence in a Massachusetts prison that specializes in alcohol and drug rehabilitation," Southall reveals"

Yeah, he is a judge and he has been judged. I mean how much more bipolar can you get?

I heard murmurs of this on CSPAN per some speeches on the floor of the Senate, but I thank you for just handing this info to me Carol.

The law must be changed. To waste Congressional action on such a small matter is lunacy. WHEN YOU ARE CONVICTED YOU CANNOT BE A JUDGE. HA

That feels better.

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Apparently DD, conviction does not equal insanity. See below. Some would say that in the Bush administration, conviction was practically a job requirement and/or an excellent reference. :-)

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Let's see - sexual misjudgments (intended!) and alcoholism - sounds familiar - wait - oh yeah, the Mark Foley defense.

On the lifetime appointments thing - in a very arcane and somewhat roundabout manner, Federalist Papers #78 and #79 go into the thinking behind the Constitutional mandates on that subject and also the reasons for requiring impeachment.

On impeachment: An attempt to fix the boundary between the regions of ability and inability, would much oftener give scope to personal and party attachments and enmities than advance the interests of justice or the public good. The result, except in the case of insanity, must for the most part be arbitrary; and insanity, without any formal or express provision, may be safely pronounced to be a virtual disqualification.

Certainly, MisJudged Kent must have qualified for insanity at some point. I mean, what's sane about any of his actions?

The lifetime appointment thingy is not so easy to boil down. Hamilton was a wordy fellow. But essentially, it was thought that the judiciary was the weakest of the 3 branches. Congress had the purse and law making parts and the Executive had the force of power while the judiciary had neither WILL nor FORCE. (Caps in the original!) So in order to make it truly independent, the founding fellows didn't want to have the judiciary worried about their jobs or salaries or have to kowtow to keep them to the other 2 branches. So, once on the bench, acts of insanity were needed to get them off. And that's #78 in a nutshell, or seashell, if you will. :-)

Hated to be boring but just thought you should know that in trying to get rid of those two aspects in judgeships, it would require a rewrite of the Constitution itself. Which would mean that you'd have to get it past Bo Obama first. Not gonna happen.

THE END

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Very interesting, seashell! This may present more of a challenge than it looks on the face of it.

Of course, this is Texas. They could just send him back for a review of his sentencing in Texas and give him the death penalty this time. That'd fix it!

just tryin' to be helpful, is all....

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I don't know Sleepin'. Think about it - Republicans don't believe in insanity or retardation when mixed with the death penalty, so how are they going to get from here to there with it now and all the while Judging Kent is sittin' pretty on death row collecting his salary for 10 or 20 years? The pension part may not do him much good though.

Nope, the only way I see the Senate going for insanity is if they found out that MisGuided Kent had paid all of his taxes without ever taking an exemption or bowling through a loop hole. I can see Senators in both parties declaring that insane.

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10 or 20 years? This is Texas, bygawd! I'll bet they could get summary judgment followed by an immediate execution.

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Well, in that case... No sense in going through the tax returns.

Hang the Judge High! Case closed.!

:-)

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Well you are never boring Seashell. I mean you got me laughing. hhahaha

TEN YEARS. THATS IT.

TERM LIMITS

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TERM LIMITS

You got me laughing too, dd.

Maybe we should call them NOOSE LIMITS?

Where Judgies make Fudgies in their Wedgies?

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Another can of worms.
Another stomach turns.
Yeah, your ghetto burns.
It's the song I hate.
[. . .]
Black-Robed Swill;
I believe Anita Hill.
Judge will rot in hell.
It's the song I hate.

Thurston Moore/Sonic Youth
"Youth Against Fascism "
"Dirty", DGC, 1992

Music Video
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I had Fathers Day company, so just read this thread. Thanks to all for good reads!

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Well, SJ & I didn't want people to feel unwelcome so we kept your home fires burning, so to speak, while you were busy. :-)

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Thanks, Seashell. It's a little hot for a fire here in Texas (100+), but I appreciate the thought. :-)

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Carol Gee

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A retired clinical social worker, I live in the Southwest. I like politics and poetry, dreams and reality.

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