5th Circuit Will Reopen Misconduct Probe of Judge Kent

U.S. District Judge Samuel Kent will face a new judicial misconduct probe at the end of his criminal trial on sexual abuse charges.

In an order signed Jan. 9, the Judicial Council of the New Orleans-based 5th U.S. Circuit Court of Appeals said it will reopen its investigation of Kent based on additional sex and obstruction allegations contained in a superseding indictment, report Texas Lawyer and the Houston Chronicle.

Kent was already facing federal sex charges for alleged harassment of his case manager, Cathy McBroom, when prosecutors indicted him on new charges relating to alleged harassment of a different court employee. The new Jan. 6 indictment also accuses Kent of obstruction of justice for lying to the 5th Circuit when he said his only improper contact with the second employee was a spurned kiss.

The commission agreed to reopen the case after a request by McBroom, whose complaint against Kent resulted in a reprimand last September. The order (PDF) says the council will investigate the additional charges and reconsider its earlier sanctions.

University of Pittsburgh law professor Arthur Hellman said the Judicial Council will act, no matter what the outcome of the trial. “I think they want to send a signal that even if he’s acquitted on the criminal charges, that doesn’t mean that’s the end of this matter,” he told the Houston Chronicle. “This is a kind of salvo fired by the council telling him: There’s no safe harbor here.”