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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 520 Engrossed in House (EH)]

H. Res. 520

                 In the House of Representatives, U.S.,

                                                         June 19, 2009.

 
 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.

                                        Speaker of the House of Representatives.

            Attest:

                                                                          Clerk.
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