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JUDGE SAMUEL KENT: SHOULD HE BE IMPEACHED?

May 12 2009
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SHOULD HE CONTINUE TO RECEIVE HIS PENSION?
By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair

These two questions have stirred considerable debate in both the legal community and general public in south Texas. Normally it is not a subject that would provoke a response by us. But the tenor of those demanding the impeachment of Judge Kent and those who have said he should not receive his pension have caused us some concern. Now that the federal judge has sentenced to 33 months in prison, we decided to weigh in on these two important questions.

The impeachment question is the most difficult one to address. Normally we would say that Judge Kent should be impeached because he was convicted of a serious felony. But the current congressional view of when a federal judge should be impeached gives us pause for concern.

Ninth Circuit Court of Appeals Judge Jay Bybee was head of the U.S. Justice Department’s Office of Legal Counsel under the George W. Bush administration before the former president rewarded Bybee with a life time federal judgeship appointment. Judge Bybee was the top Justice Department official who signed the legal memorandums authorizing the CIA to use torture techniques such as water boarding, wall-slamming and sleep deprivation during the interrogation of “terror suspects” in the wake of 9/11. Judge Bybee’s conduct at the time violated clearly established international law, existing federal law, and America’s longstanding policies for the treatment of captured “enemies of war.”

A significant number of organizations and media outlets have begun pushing for either the resignation or impeachment of Judge Bybee. For example, The New York Times in a recent editorial said that Judge Bybee’s role in the torture approval process “made it clear that [he] was not fit to make judgments about the law and the Constitution.”

The U.S. Justice Department’s Office of Professional Responsibility has concluded that no criminal charges should be leveled against Bybee or other Justice Department officials involved in the torture approval process. This decision prompted some legal scholars to suggest that Bybee be disbarred but even if judge were to be disbarred, disbarment alone would not be enough to remove him from the federal bench. Federal judges do not have to be members of the bar to receive a judgeship appointment.

Thus, with criminal charges highly unlikely, disbarment improbable, and resignation out of the question, the only legitimate sanction left available to those who have demand that Judge Bybee be held accountable for his if not illegal then highly unprofessional actions in the torture approval process is impeachment. But a Democratic controlled Congress, facing inevitable partisan Republican opposition, is not eager to initiate impeachment proceedings against Judge Bybee. Instead, Congress will likely elect to go after the Republican-appointed Judge Samuel Kent which has the bipartisan support of Rep. John Conyers, D-Mich., the chairman of the House Judiciary Committee, and Rep. Lamar Smith, R-San Antonio, the committee’s ranking Republican member.

As grandma would say, “that stinks to high heaven.” The prospect of Judge Bybee avoiding impeachment for approving the worst forms of human torture imaginable while Judge Kent will undoubtedly be impeached for lying to those investigating him for sexual misconduct leaves a bad taste in the mouth. He will serve a substantial portion of his 33-month prison sentence in a federal penal facility. That is enough punishment. Any decision by Congress to impeach Kent while letting Bybee skate is nothing short of “political water boarding” of Kent; and those Republicans like Rep. Smith and Rep. James Sensenbrenner, R-Wis., supporting Kent’s impeachment are willing to sacrifice him at the altar to save Bybee. We find Kent’s impeachment under this kind of political posturing to be offensive.

As for the pension question, that is easy to answer. He should be allowed to keep the pension he has earned.

By all accounts, Judge Kent was a difficult judge to not only work with but to practice before. He treated his court personnel in a terribly demeaning manner—and immediately lied about it when it became public knowledge. Attorneys and court room observers tell many tales of how arrogant, discourteous, and disrespectful of established legal precedent Judge Kent was during his 18-year tenure in the Galveston, Texas federal court room where he presided. How many of these tales are accurate we do not know. What we do know is that generally where there is smoke, there is fire, as the old adage says.

What can be said with certainty is that Judge Kent is, like all of us, an individual with many faces, mostly depending upon the situation we are confronting at any given moment in life. Two different faces of Judge Kent were captured in two letters to the editor of the Houston Chronicle following the judge’s guilty plea in February. The first was written by a friend of Kent and a Houston resident named Mary Poythress. She stated:

“It seems that there is a feeling among Chronicle letter writers that Judge Kent has no feeling or concern, so I would like to inform readers of some things they may not know about him. I have known Sam since he was a young boy. I knew his parents, and they were wonderful people. Sam married his high school sweetheart just as he got out of the Naval Academy, and he and his wife has a wonderful relationship. Unfortunately, she became seriously ill and was bedridden for many years. All that time, Sam took care of her. He kept great nurses looking after her and went straight home after work to give her his love and attention. Not all men would do that.”

Not all men would have that kind of character and courage. It takes tremendous character to care for a terminally ill loved one whether it is a bedridden spouse, a dying parent, or suffering child. In the face of death and suffering, many people find it easier—more comfortable even—to flee the burdens that come with watching a loved one die. Samuel Kent stayed the course, weathered the terrible storm raging about him, and, after making her as comfortably as possible, saw his wife off to the other side of life. That took remarkable courage.

The second letter was written by Houston attorney Thomas J. Bevans who apparently saw another face of Judge Kent. He wrote:

“In response to the Feb. 27 City and State cover article ‘Lawyer says Kent deserves pension’, I am a practicing attorney who appeared before Judge Samuel Kent in the past. A few years ago, I chose not to take a case out of the U.S. District Court at Galveston because of Kent’s caustic remarks and sarcasm. He once put a three-page memo in one of the case files telling me how stupid I am.

“Now Kent wants our sympathy so he can get his pension. How about sympathy for his victims? Kent is just a lot of defendants who appeared before him. He is sorry only because he was caught. Kent does not deserve anyone’s sympathy or pension.”

The issue of Judge Kent’s pension was put on the social table for public discussion right after the judge’s guilty plea to a single obstruction of justice charge. Kent’s attorney, Dick DeGuerin, made general statements to the media that his client had served well on the bench for 18 years but is now a “psychologically broken man” who earned his pension.

“The truth is he’s been a walking basket case for several years,” DeGuerin told the Chronicle. “He’s not the same man since his wife, Mary Ann, died a long and tragic death. He probably should have taken off a year and gotten psychological help … His entire world crashed down on him, more so as the trial neared. It got worse and worse. He was almost hospitalized last Saturday for his own safety.”

DeGuerin made the case that Judge Kent served a “solid 18 years” on the bench and is entitled to the pension if he can establish a genuine psychological disability.

“Yes, he was caustic. Yes, he was sarcastic,” DeGuerin said.

But DeGuerin pointed out that is not a legitimate basis to deny the judge the pension he worked 18 years to earn.

“In other situations, someone who commits misconduct on the job doesn’t forfeit their pension. He worked 18 years. He earned it,” DeGuerin said. “He’s broke.”

We agree with DeGuerin. Judge Kent “earned” his pension. This is not issue of whether Judge Kent “deserves” either the pension or our “mercy” as attorney Bevans suggested. This issue is about one thing: the rule of law. If it is determined under the rule of law that Judge Kent is entitled to his pension because of some “psychological disability,” then he should receive it.

Fortunately, it is the rule of law that protects us as a society from all those who instinctively find it more comfortable to march in the parade of revenge than crusade for human mercy. There are many former professional people in this country who have not only engaged in personal misconduct but who have also been convicted of crimes who are currently drawing pensions.

A pension of not something given to people based on either his/her personality or whether he/she “deserves” it. A pension is something people earn through work—and one’s entitlement to it should never be based on a “popularity contest.”

Deciding whether or not Judge Kent should receive the pension should also not have anything to do with, as attorney Bevans suggested, sympathy for the judge’s “victims.” These victims have had their day both in the court of public opinion and in the federal courtroom to express their collective “outrage” against the former judge. That was their right. But it is not their “right” – nor anyone else’s – to demand that Judge Kent be denied a governmental benefit to which he is entitled.

The United States Supreme Court over the last forty years in a laundry list of cases has repeatedly held that an individual cannot be denied a governmental benefit without being afforded the procedural protections of due process of law. While the general public may not be aware of these due process protections, individuals in this legal community certainly should be.

We have written numerous times and in various contexts about the sanctity of the rule of law. It is our firm and unwavering view that the rule of law should always prevail over human emotion—especially those emotions rooted in the primal instincts of man to strike back, to get even, or to “kick a man while he’s down.” We understand that at an individual level it is easier to strike back than turn the other cheek. We can thank both God and our Founding Fathers that we have the rule of law to protect us from these baser “human” instincts.

We by no means condone all the things that Judge Samuel Kent was charged with doing or the single crime to which he pleaded guilty. That is a matter settled by the 33-month prison sentence given to him on May 11, 2009. We are confident that prison sentence sufficiently satisfied the rule of law.

But whether or not Judge Samuel Kent should receive his pension is not an issue for the criminal court to decide. This issue will be decided in another forum, but it must also be decided by the rule of law and not by the personal notions of revenge and spite of those who detest Kent. It is our position that the judge has “earned” his pension with eighteen years of work performed—unless there is some valid legal reason why he should not receive it.

By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair

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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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