Complaint of Judicial Misconduct Against U.S. District Judge Samuel B. Kent (First Order) PDF

I=THE JUDICIAL COUNCtl
I 	OF THE FIFTH CIRCUIT
FILED
~THE JUDICIAL COUNCIL OF THE FIFTH CIRCUI'I~
SEP 28 2007
Gregory A. Nussel
Secretary to the Council
Before: 	Edith H. Jones, Chief Judge~ U. S. Court of Appeals for the
Fifth Circuit; Jerry E. Smith, U. S. Circuit Judge; W. Eugene Davis,
U. S. Circuit Judge; Jacques L. Wiener, Jr., U. S. Circuit Judge; Rhcsa
H. Barksdale, U. S. Circuit Judge; Emilio M. Garza, U. S. Circuit
Judge; Carl E. Stewart, U. S. Circuit Judge; James L. Dennis, U. S.
Circuit Judge; Edith Brown Clement, D. S. Circuit Judge~ Priscilla R.
Owen, U. 	S. Circuit Judge; 	Sarah S. Vance, U. 	S. District Judge;
James 1. 	Brady, 	U. 	S. 	District Judge; Tucker L. Melancon. Do 	So
District Judge; 	Michael 	P. 	Mills, 	U. 	S. 	District Judge; 	David 	C.
Bramlette, III, U. S. District Judge; Sidney A. Fitzwater, U. S. District
Judge; Hayden W. Head, Jr., U. S. District Judge; T. John Ward, U. S.
District Judge; Fred Biery, U. S, District Judge
DOCKET NO. 07-05-351-0086
IN 	RE: 	Complaint of Judicial 	Misconduct against 	United States
District 	Judge 	Samuel 	B. 	Kent 	under 	the 	Judicial 	Conduct 	and
Disability Act of 1980
ORDER OF REPRIMAND AND REASONS
A complaint of judicial misconduct was lodged on May 21, 2007 against the
Hon. Samuel B. Kent of the Southern District of Texas, alleging sexual harassment
toward 	an 	employee 	of the federal 	judicial 	system. 	A 	Special 	Investigatory
Committee of the Council was appointed pursuant to 28 U.S.C. §353 to conduct an
investigation of the original complaint. 	Following its inilial 	investigation, the

Special Investigatory Committee notified the judge in question of an expansion of
the original complaint under Rule 9(A) of the Rules Governing Complaints of
Judicial Misconduct or Disability to investigate instances of alleged inappropriate
behavior toward other employees of the federal judicial s}stem, and ultimately
recommended 	that 	a 	reprimand 	of 	the 	judge 	be 	issued 	along 	with 	the
accomplishment of other remedial courses of action.
After due consideration of the report of the Special Investigatory Committee
of the Council, and the response thereto by the Hon. Samuel B. Kent, the Council
adopts 	the 	Special 	Investigatory 	Committee's 	Report, 	Findings 	of 	Fact,
Conclusions of Law and Recommendations. 	Based thereon, by a majority vote, the
Council accepted the recommendations of the Special Investigatory Committee and
concluded these proceedings because appropriate remedial action had been and
will be taken. including but not limited to the Judge's four-m,'nth leave of absence
from the bench, reallocation of the Galveston/Houston docket and other measures.
Based 	on 	the 	Special 	Investigatory 	Committee's 	report, 	the 	Council
reprimands 	Judge 	Kent 	tor the 	conduct that the report 	describes. 	It further
admonishes 	Judge 	Kent that 	his 	actions 	described 	in 	the 	report 	violated 	the
mandates of the Canons of the Code of Conduct for United States Judges and are
deemed prejudicial to the effective and expeditious administration of the business
of the courts and the administration of justice.

This Order will be available in the public record upc,n request, consistent
with the requiremertts of 28 u.s.c. §360(b), and will be placed on the website of
the Fifth Circuit. 	The Special Investigatory Committee's ReJ:0rt, Findings of Fact,
Conclusions of Law and Recommendations, and the Response to the Report are
confidential under 28 U.S.C. §360(a) and shall not be disclosed.
For the Council:
ChiefJud
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