Legal News

Feds Turn Up Heat on Texas Judge Samuel Kent

By Dan Slater

The last time we told you about Samuel Kent, the embattled federal judge under investigation after being accused of sexually harassing a female employee, we found him being quite frank with the Houston Chron about his personal situation. Among other things, Kent admitted to long lunches, shared cigars and glasses of wine with attorney friends, even on days those attorneys had business in his court. But, Kent added, “I have never on any of these occasions discussed an actual case with an attorney.”

In light of yesterday’s news out of Houston, we find this a curious remark. The Chron reports that the DOJ’s investigation into Kent’s sexual conduct — vis-a-vis Cathy McBroom, his former case manager who alleges that Kent propositioned her and improperly touched her under her clothing in his chambers — has expanded to include allegations that he accepted, but failed to report, gifts, and also sold his home in a deal arranged by a lawyer with dozens of cases in Kent’s court.

According to lawyers and former co-workers, investigators have asked about parties, a 2001 trip to London and meals attorneys had bought for Kent at Galveston restaurants — often on days they did business in his court. According to Kent’s own attorney, Dick DeGuerin — the legal big who repped Giles Darby, one of the NatWest Three — they also requested records about a real estate deal in which one of those attorneys, Kurt Arnold, helped persuade his mother to buy Kent’s home in the city of Galveston.

Caleb McBroom, 14, protests the first day of work for suspended Judge Samuel Kent Wednesday, Jan. 2, 2008, in front of the Bob Casey Federal Court House in Houston. Caleb’s mother, Cathy McBroom, filed a complaint alleging that Kent sexually harassed her in his chamber. (AP Photo/Houston Chronicle, Kevin Fujii)

Under federal disclosure rules, the Chron notes, a federal judge normally is not required to report income earned from the sale of a primary home. At issue, though, is whether Arnold’s assistance amounted to a gift or item of value that the judge should have disclosed — or whether the arrangements constituted a criminal conflict of interest.

Randy Schaffer, a Houston attorney who represents Arnold, said his client violated no laws. “I think this is essentially a situation where a young lawyer has been caught in the crossfire of the government going after Kent,” Schaffer said.

As for Kent, his lawyer, DeGuerin, insists the house deal was legitimate, that Kent always treated all attorneys fairly and the judge has done nothing improper or illegal. He claims the feds are going all out because a federal judge “is a big pelt.” DeGuerin also has called any alleged sexual contact between Kent and his former case manager, Cathy McBroom, “enthusiastically consensual.”

But McBroom’s lawyer, Mr. Slicker-‘n-Deer-Guts-on-a-Doorknob — a/k/a Rusty Hardin, of Roger Clemens fame — calls the sexual molestation case against Kent a “slam-dunk.” Hardin said he’s frustrated, and doesn’t understand why federal prosecutors seem more interested in gifts and real estate.

Full post as published by Law Blog - WSJ.com on July 21, 2008 (boomark / email).