Will he stay or will he go? For the longest time, Judge Samuel Kent (S.D. Tex.), the federal judge who pleaded guilty to obstruction of justice in connection with his molestation of two female court employees, has been playing games about his departure from the bench. But now he has finally raised the white flag, resigning effective on Tuesday, June 30.

To recap: Judge Kent initially said he was retiring on “disability” — which would have allowed him to keep receiving his $174,000 judicial salary for the rest of his life. After that didn’t go over well, he announced he was resigning — but with an effective date of June 1, 2010. As Professor Jonathan Turley and others observed, it was a cynical move on Judge Kent’s part: he was effectively betting that it would take a long time to impeach him, during which time he would continue to draw his six-figure salary — and perhaps the knowledge that he’d be leaving the bench anyway would cause Congress to shelve impeachment proceedings.

But things didn’t quite turn out the way Judge Kent had hoped. Read more, after the jump.

* UCLA Law students were successful in protecting our right to curbside carne asada. [Los Angeles Times]

* Apparently, Sonnenschein is “fat and happy” and moving its New York office. [New York Observer]

* Washington, D.C. lawyer Kenneth Feinberg has been appointed compensation czar and will get to set the salaries of CEOs at beleaguered companies getting government aid. [ABA Journal]

* The impeachment proceedings against Judge Samuel Kent — the first federal judge to be charged with a sex crime — will move on to the House of Representatives. [Associated Press]

* Sonia Sotomayor once called herself “an affirmative action baby.” [New York Times]

* San Diego lawyer Alfred Rava sued the Oakland A’s for sex discrimination after a 2004 Mother’s Day promotion that excluded males. Now ESPN columnist Rick Reilly is taking Rava and his men-ism suits for a round in the batting cage. [ESPN]

* The tales of the Not-So-Honorable Samuel Kent — the first federal judge to be charged with a sex crime — are now being told on the Hill. The House Judiciary Committee task force held his impeachment hearing yesterday. Kent and his lawyer were not in attendance though. They “refuse to be part of the circus.” [CNN]

* Dickinson Wright hit with a $33 million lawsuit for allegedly letting a lacrosse stick patent lapse. [National Law Journal]

* Does what’s underneath their robes matter? The debate over the effect of gender on being a judge is back on. [New York Times]

* SCOTUS nominee Sonia Sotomayor may be feisty during oral arguments, but will her opinions (continue to) be “thorough, long, and unimaginative” with a “slavish attention to precedent and to statutory interpretation”? [BLT]

* Sotomayor’s first job in the New York D.A.’s office shaped her. We hope that she’s kept her toughness, but given up her chain-smoking and Tab diet soda guzzling ways. [Washington Post]

The Not-So-Honorable Samuel Kent — the first federal judge to be charged with a sex crime, and now a convicted felon, after pleading guilty to obstruction of justice — is leaving the bench.

But he’s taking his sweet time about it:

U.S. District Judge Samuel Kent on Tuesday submitted his ”unconditional resignation,” which will take effect June 1, 2010.

Kent’s lawyer, Dick DeGuerin, says the judge decided to resign to avoid the ”spectacle” of an impeachment process by Congress. The House Judiciary Committee had scheduled a hearing on the matter for Wednesday.

Kent’s resignation announcement comes a week after denial of his request to retire on disability due to depression — which would have allowed him to continue receiving his full salary for the rest of his life.

Yes, that’s right — June 2010. What’s going on? Professor Jonathan Turley explains (gavel bang: commenter):

The date is designed to milk the system of as much benefits as possible — only to resign shortly before any completion of impeachment. Absent a voluntary resignation or impeachment, Kent can continue to receive his judicial salary.

Pretty pretty clever. Count on a federal judge to work the legal loopholes.

Judge Kent Resigns On Eve of Impeachment Hearing — Effective One Year From Now [Jonathan Turley]
Convicted Federal Judge Submits Resignation Letter [Associated Press]

Earlier: Prior ATL coverage of Judge Samuel B. Kent

We noted in yesterday’s Morning Docket that libidinous federal judge Samuel Kent is heading to the slammer for three years. We’ve covered Kent’s unraveling extensively, but new details continue to emerge.

Kent is the first federal judge to be charged with a sex crime. He could have faced up to 20 years in prison, but a plea agreement got him a shorter sentence of just 33 months. Despite loudly proclaiming his innocence last year, the 1990 Bush appointee now admits to being an alcoholic and having “nonconsensual sexual contact with two employees between 2003 and 2007.”

From the Houston Chronicle:

Cathy McBroom, the one-time Galveston case manager for Kent who made the formal complaint that led to the judge’s downfall, said he first attacked her in a small room about 10 feet away from co-workers when he came to work drunk. She said she didn’t want to give up her job and her pension so she tried to avoid him as much as possible, while Kent told people she wanted the affair.

“Being molested and groped by a drunken giant is not my idea of an affair,” McBroom said. She said she lost her marriage, her Galveston position, sleep, self-esteem and more and asked Kent be sentenced so he and others will remember it.

Donna Wilkerson, Kent’s secretary, said Kent sexually and psychologically abused her starting her fifth day on the job.

“He said he hated bullies. How sad,” Wilkerson said. “He’s the biggest bully of them all.”

She said she believes Kent is “crazy” and she fears for her family’s safety.

The ABA Journal points out that Kent is still being paid a judicial salary. Kent’s lawyer says though that Kent intends to “retire early due to an unspecified disability.” Does ‘being a sexual predator’ count as a disability?

However, Kent may not have the retirement option. Rep. John Conyers, chairman of the House Judiciary Committee, and Rep. Lamar Smith, the committee’s ranking Republican member, are getting the congressional impeachment process started today.

Kent sentenced to 33 months behind bars [Houston Chronicle]
Disgraced Judge Gets Nearly Three Years in Prison [Wall Street Journal]
Judge Kent Apologizes to His Family, But Not Claimed Sexual Abuse Victims [ABA Journal]

Earlier: Previous ATL Coverage of Samuel Kent

* We are not the only ones talking about the problems women have with each other at the office. The New York Times says women bully women. [New York Times]

* Ex-Judge of the Day Hall of Famer Samuel Kent, the first federal judge to be charged with a sex crime, will be sentenced today. He could have gone to the big house for up to 20 years, but his two decades on the bench have made him sentence-savvy. He’ll face three years max thanks to a plea agreement. [Houston Chronicle]

* Former Ohio AG Marc “the Dannimal” Dann has found a new niche. [Legal Newsline]

* A cobbled-together article suggesting that suicide is a trend for stressed attorneys. [National Law Journal]

* Every move you make, every turn you take. A Wisconsin appeals court says the police can slap a GPS tracking device on your car. No warrant needed. [CNet]

* SCOTUS, SCOTUS, SCOTUS. Trying to get into President Obama’s head when it comes to his judiciary thinking. [New York Times]

* White House Chief of Staff Rahm Emanuel may be heading up the SCOTUS nominee search but Vice President Joe Biden is enjoying his grand poobah role in the process. [Washington Post]

* The gambling odds on the nominees. Sotomayor’s the favorite with odds of 13-8. Michelle Obama’s odds? 500-1. [Fox News]

* A guide to the YouTube moments of potential SCOTUS nominees — gaffes and brilliance. Judge Sonia Sotomayor’s clip is the “best” of the bunch — short, concise, and damaging. [Slate]

* The New York Times wants readers to pick Souter’s replacement. Vote Lat! [The New York Times]

On Tuesday, U.S. District Judge Samuel Kent lost a motion to have his obstruction of justice charge dropped or moved to a different trial.

Today, he copped a plea and announced his intent to retire. According to the Wall Street Journal Law Blog:

The jurist pleaded guilty to one count of obstruction of justice today and retired from the bench, avoiding a trial on several charges that he sexually abused two female employees….

“Judge Kent believes that this settlement is in the best interest of all involved,” his attorney, Dick DeGuerin, said after this morning’s hearing. “A trial would have been long, embarrassing and difficult for all involved.”

Long and difficult? Sounds about right.

Update: Read more about Judge Kent’s fate over here.

Breaking News: Judge Kent Cops Plea, Resigns [WSJ Law Blog]
Judge Kent accepts plea deal and retires from bench [Houston Chronicle]

The days following Valentine’s Day are always a good time time to check back in with ex-flames, long lost friends and alleged abusers. On that note, what has our old friend U.S. District Judge Samuel Kent been up to?

This Tuesday, Senior U.S. District Judge Roger Vinson of Florida, who is presiding over Kent’s federal sex crimes and obstruction of justice case, denied Kent’s request that the obstruction of justice charge be dropped or moved into a separate trial.

From the Houston Chronicle:

Kent’s lawyer, Dick DeGuerin, originally argued on paper that Kent should have two trials because he must take the stand in a trial of the sexual cases to say he believed his relationships were consensual but that he would not testify on his own behalf in the obstruction case. DeGuerin said on Tuesday that Kent will only likely not testify about the obstruction.

Just how did Kent obstruct justice, you ask?

In the obstruction charge, Kent is accused of lying about sexual contact with an employee to prominent federal judges who investigated a misconduct complaint against him.

But fans of Kent, worry not, for Kent’s explanation for the lie is beyond reproach.

Kent’s amazing excuse and notes on etiquette, after the jump.

Methinks the judge doth protest too much? From the Houston Chronicle:

U.S. District Judge Samuel Kent stood before a fellow federal judge this morning and vehemently proclaimed his innocence of three federal sexual crimes in his indictment.

“I plead absolutely, unequivocally not guilty and look very much forward to a trial on the merits of what I consider flagrant, scurrilous charges,” Kent stated with force to U.S. 5th Circuit Judge Edward Prado.

“For the record I absolutely intend to testify, and we are going to bring a horde of witnesses,” Kent said.

He also promised “a killer alibi,” “a s**tload of exculpatory evidence,” and an exonerating sex tape.

Is it necessary to Mirandize a longtime judge? Better be on the safe side:

Prado frequently said things such as “You pretty well know the routine,” and “As you know, you have the right to remain silent.”

The defendant’s status as a sitting federal judge led to some other, lighter moments. More below the fold.

For about a year now, ever since he took a mysterious leave of absence in August 2007, we’ve been following the troubles of Judge Samuel B. Kent (S.D. Tex.). A suspension from the Fifth Circuit, allegations of breastfeeding and BJ requests — it hasn’t been pretty.

Yesterday things got even worse for Judge Kent. From the Houston Chronicle:

U.S. District Judge Samuel Kent was indicted Thursday on charges of abusive sexual contact and attempted aggravated sexual abuse of a female employee, making him the first federal judge to be charged with federal sex crimes and the first in Texas indicted in recent history.

Congratulations, Your Honor? It’s a privilege to be FIRST.

The alleged victim — Judge Kent’s former case manager, Cathy McBroom — issued a statement after the indictment came down:

“After a very difficult 17 months, I feel like I have finally been validated. I have listened and read with horror as Judge Kent’s lawyer suggested that what happened to me was ‘enthusiastically consensual,’ ” wrote McBroom, who remains a federal court employee. “I am relieved to find that even federal judges are not above the law, and that sexual abuse in the workplace is never acceptable, no matter the status of the offender.”

Thanks for the shout-out, Cathy!

A little bit more, below the fold.

Ah, to be a federal judge. Life tenure means never having to say you’re sorry (unlike those state judges, like the hat-hating Holly Hollenbeck).

Judge Samuel Kent (S.D. Tex.), who has lawyered up in response to being charged with sexual misconduct by a court employee, is speaking out — sort of. In an interview published earlier this week in the Houston Chronicle, he tried to win some sympathy from the public.

Judge Kent discussed his struggles with alcohol (like Justice Thomas in his recent memoir), his diabetes, and the death of his first wife from brain cancer. But he did not address the substance of the allegations made against him:

“As with every human controversy, there are absolutely two sides to this one, and I will vigorously present mine at the appropriate time,” he told the Houston Chronicle. “It has been extremely frustrating for me, my family and my staff not to be able to speak in my defense.”…

He declined to address specifics of the misconduct allegations against him, citing federal laws that make judicial investigations secret.

So according to Judge Kent, there is another side of the story. As for what exactly it is, stay tuned.

After the jump, selected comments on the story from Houston Chronicle readers.

Kent talks of personal struggles [Houston Chronicle]
U.S. District Judge Samuel Kent Hires Dick DeGuerin, Meets With FBI [Texas Lawyer]

As regular ATL readers will recall, Judge Samuel B. Kent (S.D. Texas) is currently on leave from the bench (although still collecting his $165,200 salary). The Fifth Circuit suspended him after allegations of what it described as sexual harassment.

But Judge Kent’s troubles may not be over yet. From the Galveston County Daily News (via How Appealing):

A woman who has accused U.S. District Judge Samuel Kent of unwanted sexual touching will have her case reheard by a disciplinary panel of the 5th Judicial Circuit, her attorney, Rusty Hardin, said late Monday.

Late that afternoon, Hardin gave the panel summaries of interviews his team did of 20 people who have had contact with Kent. Hardin claims those interviews show that Kent has misbehaved toward women since shortly after he was named to the federal bench in Galveston in the early 1990s.

Hardin said he and his client are asking that the panel refer the matter to the Judicial Council of the United States with a recommendation that Kent be impeached.

Additional discussion, plus a reader poll, after the jump.

* So what are your legal remedies if she cheats on you anyway? [copyranter]

* While we’re visiting copyranter: another day, another animal kingdom law firm ad. [copyranter]

* Did the Fifth Circuit go easy on Judge Kent? There may be more here than meets the eye. [How Appealing]

* Eric Turkewitz delivers a New York City marathon-themed Blawg Review. Very cool! [New York Personal Injury Blog via Blawg Review]

P.S. Speaking of the NYC marathon, thanks to the many ATL readers who supported our efforts to raise funds for cancer research. Our fundraising goal was $2,500; thanks to you, we easily exceeded that goal. Our fundraising page will remain up through the end of the year, and your donations are still welcome. If you’re looking for more tax deductions after getting that big bonus check, just click here.

As for our performance in the marathon, we finished in 4:43:27 (good enough for inclusion in the New York Times marathon results supplement, which includes everyone who finishes in under five hours — sorry, Katie Holmes). We were slower this time around than when we ran it in 2005. But considering that we actually trained in 2005 — unlike this year, when the longest run we did before the marathon was a 10-mile run back in April — we were pleased.

Judge Samuel B. Kent (S.D. Texas) joins Judge Elizabeth Halverson and Chief Judge Edward Nottingham in our Judge of the Day Hall of Fame. He will no longer be eligible for recognition as a Judge of the Day, having transcended this award.

Why is Judge Kent deserving of induction? In the Houston Chronicle, Lise Olsen offers a detailed report of the allegations against Judge Kent (which we previously discussed here and here). The money quote:

[Case manager Cathy] McBroom was summoned to the judge’s chambers on Friday, March 23, at about 3 p.m.

Her hands were full of legal papers when the judge — a former high school athlete who is more than 6 inches taller and at least 100 pounds heavier — asked for a hug.

She told him she didn’t think that was appropriate, but reluctantly approached.

The judge grabbed Mc-Broom, pulled up her blouse and her bra and put his mouth on her breast. Then, Kent forced her head down toward his crotch.

As McBroom struggled, Kent kept telling the married mother of three what he wanted to do to her in words too graphic to publish. The papers fell to the floor. The pet bulldog Kent kept in his chambers began to bark.

The incident was interrupted by the sound of footsteps from another staff member in the corridor, and the judge loosened his grip. As she left, the judge said McBroom was a good case manager and then made suggestions about engaging in a sexual act.

McBroom ran out crying.

Review additional allegations, including a claim by a different ex-employee that Judge Kent once told her he could “service me when my husband was being treated for prostate cancer,” by clicking here.

How far did this federal judge go? [Houston Chronicle]

* Humor for tax lawyers. [TaxProf Blog]

* Additional thoughts on the Judge Samuel Kent case, from Ilya Somin. [Volokh Conspiracy]

* Best magistrate judgeship ever? [San Jose Mercury News]

* Charlie Savage, whose book party we recently attended, is on the Colbert Report tonight. [Comedy Central]

* Also on television tonight (opposite the Colbert Report): Jan Crawford Greenburg interviews Justice Clarence Thomas, for Nightline. [ABC News]

Last week we honored Judge Samuel B. Kent with our prestigious Judge of the Day award, based on his alleged sexual harassment of a court employee. Now the Fifth Circuit Judicial Council has also recognized Judge Kent. From Texas Lawyer:

The Judicial Council of the 5th U.S. Circuit Court of Appeals [on Friday] issued an order reprimanding and admonishing U.S. District Judge Samuel B. Kent of Galveston. The order relates to a complaint of judicial misconduct lodged against the judge on May 21 alleging sexual harassment toward an employee of the federal judicial system.

A former case manager for Kent, Cathy McBroom, confirms she filed a complaint against the judge. She declines further comment. McBroom currently works in the clerk’s office in the Houston Division of the Southern District of Texas.

You can access the order here (PDF). But as a tipster notes, “All the juicy stuff will ‘not be disclosed.’ No fun at all.”

Fear not, judicial gossip aficionados. The Houston Chronicle has more details:

Kent is accused of harassing and inappropriately touching his 49-year-old case manager in his chambers in March….

On the day of the incident, other employees saw McBroom crying and visibly upset, according to interviews. A few weeks later, McBroom transferred to another federal court job in Houston. McBroom was so shaken by the encounter, “She (was) a basket case,” an acquaintance said.

McBroom has retained Houston attorney Rusty Hardin, who would not comment for now on the particulars of the case.

Not good news for Judge Kent. Hardin is one of Houston’s top trial lawyers.

And this is just the tip of the proverbial iceberg. Additional allegations against Judge Kent, after the jump.

We previously wrote about the mysterious leave of absence taken by Judge Samuel B. Kent (S.D. Tex.). It now appears that part of the mystery has been revealed. From the Galveston Daily News:

In the months before U.S. District Judge Samuel Kent was temporarily relieved of his duties, an employee of the court filed a sexual harassment complaint against him, sources have told The Daily News. The sources refused to be identified in speaking about a complaint that court officials have ordered to be kept confidential.

A sexual harassment complaint? You know what that means: elevation. Hello, Justice Thomas!

If you have any details about the allegations against Judge Kent, please email us. Thanks.

Sources: Judge took leave after complaint [Galveston Daily News]

Earlier: Musical Chairs: Federal Judges Fleeing the Bench?

What’s up with all these federal judges seeking to leave their life-tenured quarters? We understand that the pay’s not great (which is why we urge them to marry rich). But being an Article III judge is still nice work if you can get it.

Despite the power and prestige, two federal judges are moving on — temporarily or permanently. First, from the Daily Business Review:

In a highly unusual move, U.S. District Judge Martin Jenkins [N.D. Cal. (at right)], a life-tenured federal judge in San Francisco, is prepared to give up his seat and has applied for an opening on the California State Court of Appeal bench.

Jenkins, 54, a moderate Democrat and former state trial court judge in Oakland, Calif., was appointed by President Clinton a decade ago. He confirmed rumors that he has submitted an application with Republican Gov. Arnold Schwarzenegger for the vacancy.

We understand the allure of an appellate over a trial court gig. But still, giving up the federal bench for a state court is “highly unusual” — especially since the state court in question isn’t even the California Supreme Court (the move that Judge Morrison England (E.D. Cal.) was contemplating, before he withdrew his name from consideration).

Second, from the Houston Chronicle (via Sophistic Miltonian Serbonian Blog):

U.S. District Judge Sam Kent [S.D. Tex.] will take a four-month leave from his Galveston bench for unspecified reasons, according to an order made public Monday.

No one involved would comment on the order, but students of the federal judiciary said it is unusual.

We smell a story here. A little more about Judge Kent, after the jump.