Text: H.Res.520 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Received in Senate (06/24/2009)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing 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.