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https://www.chron.com/disp/story.mpl/metropolitan/6054972.html
More judges under investigation
Experts call 5 ongoing probes of federal jurists unprecedented
By LISE OLSEN
Copyright 2008 Houston Chronicle
Oct. 13, 2008, 12:02AM
FEDERAL JUDGES UNDER REVIEW
Public disciplinary action of federal judges is
rare, and the investigations are secret. Still, five recent
investigations have been made public in 2008:
• U.S. District Judge Samuel B. Kent , Houston
Pleaded not guilty to federal sex crimes charges; previously
reprimanded for judicial misconduct in 2007. Nominated by President
George H.W. Bush in 1990.
reprimanded for judicial misconduct in 2007. Nominated by President
George H.W. Bush in 1990.
• U.S. District Judge Thomas Porteous Jr. , New Orleans
Recommended to be considered for impeachment for allegations of
perjury and of improperly accepting gifts and money. Recently
reprimanded and suspended from the bench for two years. Nominated by
President Clinton in 1994.
perjury and of improperly accepting gifts and money. Recently
reprimanded and suspended from the bench for two years. Nominated by
President Clinton in 1994.
• Chief U.S. District Judge Edward W. Nottingham , Denver
A judicial council continues to investigate misconduct
allegations, including the judge's admitted use of a topless club and
escort service. Nominated by Bush in 1989.
allegations, including the judge's admitted use of a topless club and
escort service. Nominated by Bush in 1989.
• U.S. District Judge Manuel Real , Los Angeles
Reprimanded for improperly communicating with a litigant; remains
under review for complaints about an apparent "pattern and practice" of
failing to provide reasons for legal decisions. Nominated by President
Johnson in 1966.
under review for complaints about an apparent "pattern and practice" of
failing to provide reasons for legal decisions. Nominated by President
Johnson in 1966.
• Chief Judge Alex Kozinski , 9th Circuit Court
of Appeals in California. Requested an investigation by another circuit
after admitting in June that his personal Web site contained graphic
sexual photos and videos. Nominated by President Reagan in 1985.
of Appeals in California. Requested an investigation by another circuit
after admitting in June that his personal Web site contained graphic
sexual photos and videos. Nominated by President Reagan in 1985.
U.S. District Judge Samuel Kent is the first federal judge to be
indicted for alleged federal sex crimes, but he's only the latest in a
string of jurists to face misconduct allegations in 2008, for behavior
such as frequenting a topless club or lying under oath.
indicted for alleged federal sex crimes, but he's only the latest in a
string of jurists to face misconduct allegations in 2008, for behavior
such as frequenting a topless club or lying under oath.
Nationwide, four other federal judges are being investigated for,
among other things, taking cash from lawyers, using an escort service,
posting nude photos on a personal Web site and abusing power in court.
among other things, taking cash from lawyers, using an escort service,
posting nude photos on a personal Web site and abusing power in court.
The flurry of federal disciplinary activity appears unprecedented
under the modern review system, established by Congress in 1980,
according to experts and official court statistics.
under the modern review system, established by Congress in 1980,
according to experts and official court statistics.
``As far as I know, we've never had anything like this,'' said
Arthur Hellman, a federal judicial disciplinary expert and professor at
the University of Pittsburgh law school.
Arthur Hellman, a federal judicial disciplinary expert and professor at
the University of Pittsburgh law school.
Kent, who sat on the Galveston bench for 17 years before being
transferred to Houston last year, is the only federal judge to confront
an ongoing public criminal investigation.
transferred to Houston last year, is the only federal judge to confront
an ongoing public criminal investigation.
He's been indicted but pleaded not guilty to charges he improperly
touched a female court employee and attempted to force her to perform
oral sex.
touched a female court employee and attempted to force her to perform
oral sex.
He faces a trial on Jan. 26 before U.S. District Judge Roger
Vinson of Pensacola, who was specially assigned to oversee the case.
Vinson of Pensacola, who was specially assigned to oversee the case.
Four other federal judges in California, Colorado and Louisiana
confront various stages of judicial disciplinary review - including
U.S. District Judge Thomas Porteous Jr. of New Orleans, who is being
investigated for possible impeachment by the judiciary committee of the
House.
confront various stages of judicial disciplinary review - including
U.S. District Judge Thomas Porteous Jr. of New Orleans, who is being
investigated for possible impeachment by the judiciary committee of the
House.
After being granted immunity from prosecution as part of the
judicial disciplinary process, Porteous admitted under oath that he
filed a bankruptcy under a false name, illegally concealed assets and
gambling debts, and accepted thousands of dollars in cash from lawyer
friends, according to statements included in case documents released
recently by the Fifth Circuit judicial council.
judicial disciplinary process, Porteous admitted under oath that he
filed a bankruptcy under a false name, illegally concealed assets and
gambling debts, and accepted thousands of dollars in cash from lawyer
friends, according to statements included in case documents released
recently by the Fifth Circuit judicial council.
Normally secret
The council made public its normally secret investigative archive,
which will be part of the congressional investigation. The Department
of Justice's Public Integrity Division, which filed the misconduct
complaint against Porteous, chose not to seek an indictment, records
show.
which will be part of the congressional investigation. The Department
of Justice's Public Integrity Division, which filed the misconduct
complaint against Porteous, chose not to seek an indictment, records
show.
He remains on the federal payroll but was recently reprimanded and
suspended from hearing cases for two years by the Fifth Circuit
judicial council.
suspended from hearing cases for two years by the Fifth Circuit
judicial council.
Unless impeached, Porteous will continue to collect full pay as a
judge, even though he has been stripped of his duties. Kent and a
California judge, who both received formal written reprimands, also
remain on the bench.
judge, even though he has been stripped of his duties. Kent and a
California judge, who both received formal written reprimands, also
remain on the bench.
However, Rep. Lamar Smith, R-Texas, the ranking minority member of
the House judiciary committee, recently told the Houston Chronicle he
believes that Kent's disciplinary matter should receive additional
scrutiny immediately, given the indictment.
the House judiciary committee, recently told the Houston Chronicle he
believes that Kent's disciplinary matter should receive additional
scrutiny immediately, given the indictment.
``Judges should be held to the highest standard, and the
allegations against Mr. Kent are severe,'' Smith said in a statement to
the Chronicle. ``No one is above law, most especially, judges. I urge
the Judicial Conference to consider an immediate review of the claims
made by the complainant and make an appropriate recommendation to
Congress if necessary.''
allegations against Mr. Kent are severe,'' Smith said in a statement to
the Chronicle. ``No one is above law, most especially, judges. I urge
the Judicial Conference to consider an immediate review of the claims
made by the complainant and make an appropriate recommendation to
Congress if necessary.''
Judges defend actions
Meanwhile, two others - judges in Colorado and the 9th Circuit in
California - face judicial conduct inquiries for behavior that they
have defended as part of their private lives.
California - face judicial conduct inquiries for behavior that they
have defended as part of their private lives.
U.S. District Judge Thomas Nottingham, of Denver, acknowledged he
spent $3,000 in a two-night binge at a topless dance club and used a
high-priced escort service. But he defended those actions, part of
misconduct complaints, as ``private and personal matters involving
human frailties and foibles.''
spent $3,000 in a two-night binge at a topless dance club and used a
high-priced escort service. But he defended those actions, part of
misconduct complaints, as ``private and personal matters involving
human frailties and foibles.''
In California, Alex Kozinski, the 9th Circuit's chief judge,
admitted in June that his personal Web site included off-color videos
and photos, including one of two naked women depicted as cows revealing
bare crotch close-ups. However, the judge also said he mistakenly
believed that particular part of his site was not available to the
public.
admitted in June that his personal Web site included off-color videos
and photos, including one of two naked women depicted as cows revealing
bare crotch close-ups. However, the judge also said he mistakenly
believed that particular part of his site was not available to the
public.
A rare situation
Normally, few complaints against U.S. judges have been considered serious enough to merit forming an investigating committee.
Only 18 of 1,484 complaints filed from September 2004 to September
2007 prompted formation of such judicial investigative committees,
according to revised U.S. court statistics. Those committees, made up
of judges from the same circuit, do their investigations in secret.
Findings are reviewed by judicial councils, who can vote to do nothing,
take action privately or, rarely, take public action. Even when
discipline is public, allegations can be summarized with little detail.
2007 prompted formation of such judicial investigative committees,
according to revised U.S. court statistics. Those committees, made up
of judges from the same circuit, do their investigations in secret.
Findings are reviewed by judicial councils, who can vote to do nothing,
take action privately or, rarely, take public action. Even when
discipline is public, allegations can be summarized with little detail.
When Kent, recently indicted for abusive sexual conduct and
attempted aggravated sexual assault involving a female employee, was
reprimanded last year, the 5th Circuit Judicial Council described the
matter as ``sexual harassment.''
attempted aggravated sexual assault involving a female employee, was
reprimanded last year, the 5th Circuit Judicial Council described the
matter as ``sexual harassment.''
That reprimand was one of three public sanctions taken against federal judges in 2006 and 2007.
By comparison, from Sept. 30, 1999, to Sept. 30, 2005, judicial
councils reported only four public disciplinary actions, according to
official court statistics. A search of electronic public records and
media archives reveals details on only one.
councils reported only four public disciplinary actions, according to
official court statistics. A search of electronic public records and
media archives reveals details on only one.
No matter how serious the allegations - or criminal charges -
accused judges continue to receive full salaries, unless impeached by
the U.S. House of Representatives and removed by the U.S. Senate. No
federal judge has been impeached since 1989; only seven judges have
been removed from office in U.S. history.
accused judges continue to receive full salaries, unless impeached by
the U.S. House of Representatives and removed by the U.S. Senate. No
federal judge has been impeached since 1989; only seven judges have
been removed from office in U.S. history.
Kent continues to work in the federal courthouse, where the woman he is accused of abusing also works.
More highlights of the work of the Citizen's Committee to Clean Up the Courts. Their work in 1969, touched off the biggest judicial bribery scandal in U.S. history,the collapse of Illinois' highest court, the Illinois Supreme Court. As the head of his group, Skolnick directly accused the high court judges of bribery involving a banker who owned a bank right across the street from the high court's Chicago offices. Facing jail and on appeal to their court, the banker, the former Illinois Director of the Department of Revenue, Theodore J.Isaacs, won his criminal appeal by bribing most of the high court judges with stock in his nearby bank. Outraged by Skolnick's direct confrontation with them, the high court judges demanded that Skolnick disclose to the high court judges how he and his associates went about investigating the high court. When Skolnick refused to disclose, the high court judges had Skolnick, a paraplegic invalid in a wheelchair, hauled off to prison for "contempt of court". The imprisoning of Skolnick touched off a public commotion and the chief justice and an associate justice of the high court resigned, and a third accused high court judge suddenly died in the ruckus and Skolnick was vindicated. Caught up in a further mess involving the same bank was the former Illinois Governor by 1969 he was a federal appeals Judge in Chicago. Skolnick accused that judge, Otto Kerner,jr., of bribery as well. Kerner held press conferences and on all the local media called Skolnick a "liar". Despite his denials, Federal Appeals Judge Kerner was prosecuted and sent to prison, the highest level sitting federal judge sent to prison in U.S. history. Also imprisoned was Kerner's crony, former chief state tax collector Isaacs. Kerner died an ex-convict.
The work of Skolnick and his group touched off a series of bribery scandals by which from 1983 to 1993, 20 local judges and forty lawyers were sent to jail for bribery. Including: the Chief Judge of the Traffic court who said Skolnick with his accusations of bribery was "imagining" things. That Chief Judge was sent to prison for bribery and died an ex-convict.
https://www.cloakanddagger.de/skolnick/bio.html