GALVESTON — The FBI’s investigation of a Galveston County federal judge is looking into more than just sexual misconduct allegations.
The Daily News was told last week that federal agents had been interviewing Galveston restaurateurs about who U.S. District Judge Samuel B. Kent had dined and drank with throughout the years, and who has picked up the tab.
Dick DeGuerin, Kent’s attorney, on Friday confirmed that the federal probe extended beyond claims of sexual misconduct.
“They’re being as thorough as they can be and they’re investigating all the rumors that have been going on for years,” DeGuerin said.
“There’s always been rumors that Judge Kent favored certain lawyers or other lawyers were in disfavor with him, but his response has been real simple: Just take any lawyer and look at his win-loss record in his court. You look at any lawyers who are his friends — and he does have some lawyers who are his friends — none of them has any better win-loss record in his court than any other lawyer. In fact, some don’t have as good of a record.”
The FBI’s Houston office couldn’t be reached for comment for this story.
Kent, 58, who was Galveston’s lone federal judge from 1990 until last September, is under investigation after his case manager, Cathy McBroom, in May accused him of touching her in ways she didn’t want.
The Southern District of Texas in August announced that Kent would take a four-month “intended leave of absence” starting in August, but it didn’t say why. Then in September, just after The Daily News reported the existence of McBroom’s complaint, the 5th Circuit Court of Appeals formally reprimanded Kent. The Southern District is part of the 5th Circuit. Kent’s reprimand was the first handed down anywhere in the United States in five years.
The reprimand only said that a “sexual harassment” complaint had been made against the judge and that an investigation turned up other, unspecified allegations.
McBroom’s attorney, former prosecutor Rusty Hardin, has maintained that what Kent is accused of doing to his client is a crime, rather than simple harassment. DeGuerin, Kent’s attorney, said the allegations are false.
In the ensuing uproar, the National Organization for Women called on the U.S. House Judiciary Committee to investigate and possibly impeach Kent.
Federal judges are appointed to the bench for life. The only way they can be removed is for the House to vote to impeach them and for the Senate to vote to remove them.
The Judiciary Committee said it would await the outcome of a criminal investigation into Kent’s actions before taking up the matter. Similarly, the 5th Circuit has said a decision to consider further punishment of Kent is on hold, pending the results of the criminal probe.
But the details unearthed this week indicate that the probe extends beyond McBroom’s allegations.
Kent publicly acknowledged having a drinking problem and sometimes drinking during workdays, in an article in the Houston Chronicle last week. Now the FBI appears to be looking into who might have picked up the tab when that drinking took place.
The judge has long been rumored to have favored some lawyers with whom he socialized and who practiced in his court.
In 2001, the Southern District removed 85 cases from Kent’s court, citing a heavy caseload as the reason. However, an attorney on all 85 was Richard Melancon, Kent’s close friend who hosted the reception for the judge’s second wedding.
DeGuerin, however, on Friday said that if the FBI did a thorough investigation of Kent’s social life, it would find nothing improper.
“Sometimes Judge Kent would pay for a meal; sometimes somebody else would pay for a meal,” DeGuerin said. “That’s the way it is among friends. There was never any kind of quid pro quo. There was never any discussion of cases or anything of that nature.”
Such social relationships are simply normal for a man like Kent, DeGuerin said.
“Sam Kent is a friendly guy,” he said. “He maintains a lot of friendships and some of those friends are lawyers. There’s not a thing in the world that’s wrong with that. He doesn’t show favoritism.”
