Judicial Task force on Judicial Impeachment
Encyclopedia
On June 19, 2008, the Judicial Conference of the United States
delivered to the House of Representatives notification certifying "its determination that consideration of impeachment of United States District Judge Thomas Porteous
(E.D. La.) may be warranted." After a number of months considering the matter, the House passed Resolution 1448, which authorized the House Judiciary committee to create a task force to investigate the matter. The task force's authority lapsed with the change of Congress, and on January 13, 2009, the House Passed Resolution 13, which renewed it. In May of that year, the Task Force's authority was expanded to include the Case of Samuel Kent
, a judge of the United States District Court for the Southern District of Texas, leading to his impeachment by the House of Representatives on June 19, 2009.
transmitted a certificate to the Speaker
of the U.S. House of Representatives expressing the Conference's determination that consideration of impeachment of Judge Porteous might be warranted. The certificate stated that there was substantial evidence that Judge Porteous "repeatedly committed perjury by signing false financial disclosure forms under oath,"
thus concealing "cash and things of value that he solicited and received from lawyers appearing in litigation before him." In a specific case, "he denied a motion to recuse based on his relationship with lawyers in the case . . . and failed to disclose that the lawyers in question had often provided him with cash. Thereafter, while a bench verdict (that is, a verdict by a judge sitting without a jury) was pending, he solicited and received from the lawyers appearing before him illegal gratuities in the form of cash and other things of value"" thus depriving "the public of its right to his honest services
". The certificate concluded that this conduct "constituted an abuse of his judicial office" in violation of the Canons of the Code of Conduct for United States Judges".
The certificate also stated that there was substantial evidence that Porteous had "repeatedly committed perjury by signing false financial disclosure forms under oath" in connection with his bankruptcy, allowing "him to obtain a discharge of his debts while continuing his lifestyle at the expense of his creditors", and that he had "made false representations to gain the extension of a bank loan with the intent to defraud the bank".
On September 18, 2008, the House Judiciary Committee
voted unanimously to proceed with an investigation of the bribery and perjury allegations. On October 15, 2008 House Judiciary Chair John Conyers
announced that Alan I. Barron had been hired as Special Counsel to lead an inquiry into Judge Porteous' impeachment. Representatives Adam Schiff
(D-CA) and Bob Goodlatte
(R-VA) were designated as Chair and Ranking Member
, respectively to lead the task force conducting the inquiry.
On January 13, 2009, the U.S. House of Representatives passed H. Res. 15 by voice vote, authorizing and directing the Committee on the Judiciary to inquire whether the House should impeach Judge Porteous. The resolution was sponsored by Rep. John Conyers, Chairman of the Judiciary Committee and was proposed because the investigation ended with the previous Congress and a renewal was needed. In October 2009, Reps. Conyers and Lamar Smith
introduced a resolution asking to access the judge's tax returns as part of the investigation. The resolution was referred to the Rules Committee
and, at the same time, a timeframe was established which called for the investigation to end in November 2009; the Judicial Impeachment Task Force
would decide by the end of the year if impeachment would be recommended to the Judiciary Committee. If the recommendation was for impeachment, the Committee would take up the matter in early 2010. The task force scheduled the first hearings on the case for November 17 and 18, with more meetings in December before a final recommendation was made.
On November 13 Porteous sued the task force, claiming that the panel was violating his Fifth Amendment
rights by using testimony given under immunity
in making the case against him. On January 21, 2010, the panel voted unanimously to recommend four articles of impeachment to the full Judiciary Committee, which, on January 27, voted to send the articles of impeachment to the full House.
Chaired by Rep Adam Schiff
, it featured the powerful testimony by the emotional and sometimes halting testimony of Cathy McBroom and Donna Wilkerson. The two Texas women sat side-by-side at the witness table, never smiling, and recounted the horrible events that Kent's guilty plea acknowledged had occurred. Both women quoted Kent as frequently saying: "I am the government." In an emotional moment, Wilkerson described trying to tell her teenage daughter to never endure any sexual misconduct, even if it meant harsh consequences such as losing her job.
Kent and his lawyer, Dick DeGuerin, refused to attend, calling it a "circus."
On June 9th, the Task Force reported four articles to the full House Judiciary Committee, which sent them to the full House the next day, After his formal impeachment June 19th, Kent resigned for real as the Senate trial was being organized.
Judicial Conference of the United States
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States...
delivered to the House of Representatives notification certifying "its determination that consideration of impeachment of United States District Judge Thomas Porteous
Thomas Porteous
Gabriel Thomas Porteous, Jr. is a former United States federal judge who served for sixteen years before being impeached and removed from office in December 2010.-Background:...
(E.D. La.) may be warranted." After a number of months considering the matter, the House passed Resolution 1448, which authorized the House Judiciary committee to create a task force to investigate the matter. The task force's authority lapsed with the change of Congress, and on January 13, 2009, the House Passed Resolution 13, which renewed it. In May of that year, the Task Force's authority was expanded to include the Case of Samuel Kent
Samuel B. Kent
Samuel B. Kent was a U.S District Court judge for the U.S. District Court for the Southern District of Texas, in the single-judge Galveston Division covering Brazoria, Chambers, Galveston, and Matagorda Counties. He was nominated by President George H.W...
, a judge of the United States District Court for the Southern District of Texas, leading to his impeachment by the House of Representatives on June 19, 2009.
Judge Thomas Porteous
On June 18, 2008 the Judicial Conference of the United StatesJudicial Conference of the United States
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States...
transmitted a certificate to the Speaker
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
of the U.S. House of Representatives expressing the Conference's determination that consideration of impeachment of Judge Porteous might be warranted. The certificate stated that there was substantial evidence that Judge Porteous "repeatedly committed perjury by signing false financial disclosure forms under oath,"
thus concealing "cash and things of value that he solicited and received from lawyers appearing in litigation before him." In a specific case, "he denied a motion to recuse based on his relationship with lawyers in the case . . . and failed to disclose that the lawyers in question had often provided him with cash. Thereafter, while a bench verdict (that is, a verdict by a judge sitting without a jury) was pending, he solicited and received from the lawyers appearing before him illegal gratuities in the form of cash and other things of value"" thus depriving "the public of its right to his honest services
Honest services fraud
Honest services fraud refers to a 28-word sentence of , added by the United States Congress in 1988, which states: "For the purposes of this chapter, the term, scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."The statute...
". The certificate concluded that this conduct "constituted an abuse of his judicial office" in violation of the Canons of the Code of Conduct for United States Judges".
The certificate also stated that there was substantial evidence that Porteous had "repeatedly committed perjury by signing false financial disclosure forms under oath" in connection with his bankruptcy, allowing "him to obtain a discharge of his debts while continuing his lifestyle at the expense of his creditors", and that he had "made false representations to gain the extension of a bank loan with the intent to defraud the bank".
On September 18, 2008, the House Judiciary Committee
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
voted unanimously to proceed with an investigation of the bribery and perjury allegations. On October 15, 2008 House Judiciary Chair John Conyers
John Conyers
John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party...
announced that Alan I. Barron had been hired as Special Counsel to lead an inquiry into Judge Porteous' impeachment. Representatives Adam Schiff
Adam Schiff
Adam Bennett Schiff is the U.S. Representative for . He has served in Congress since 2001. He is a member of the Democratic Party...
(D-CA) and Bob Goodlatte
Bob Goodlatte
Robert William "Bob" Goodlatte is the U.S. Representative for , serving since 1993. He is a member of the Republican Party. The district is based in Roanoke and also includes Lynchburg, Harrisonburg and Staunton.-Early life, education and career:...
(R-VA) were designated as Chair and Ranking Member
Ranking member
In United States politics, a ranking member is the second-most senior member of a congressional or state legislative committee from the majority party. Another usage refers to the most senior member of a congressional or state legislative committee from the minority party. This second usage, often...
, respectively to lead the task force conducting the inquiry.
On January 13, 2009, the U.S. House of Representatives passed H. Res. 15 by voice vote, authorizing and directing the Committee on the Judiciary to inquire whether the House should impeach Judge Porteous. The resolution was sponsored by Rep. John Conyers, Chairman of the Judiciary Committee and was proposed because the investigation ended with the previous Congress and a renewal was needed. In October 2009, Reps. Conyers and Lamar Smith
Lamar Smith
Lamar Smith may refer to:* Lamar S. Smith , U.S. Representative from Texas* Lamar Smith , U.S. civil rights activist; murdered in Mississippi* Lamar Smith , NFL running back, 1994–2004...
introduced a resolution asking to access the judge's tax returns as part of the investigation. The resolution was referred to the Rules Committee
United States House Committee on Rules
The Committee on Rules, or Rules Committee, is a committee of the United States House of Representatives. Rather than being responsible for a specific area of policy, as most other committees are, it is in charge of determining under what rule other bills will come to the floor...
and, at the same time, a timeframe was established which called for the investigation to end in November 2009; the Judicial Impeachment Task Force
Judicial Task force on Judicial Impeachment
On June 19, 2008, the Judicial Conference of the United States delivered to the House of Representatives notification certifying "its determination that consideration of impeachment of United States District Judge Thomas Porteous On June 19, 2008, the Judicial Conference of the United States...
would decide by the end of the year if impeachment would be recommended to the Judiciary Committee. If the recommendation was for impeachment, the Committee would take up the matter in early 2010. The task force scheduled the first hearings on the case for November 17 and 18, with more meetings in December before a final recommendation was made.
On November 13 Porteous sued the task force, claiming that the panel was violating his Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
rights by using testimony given under immunity
Judicial immunity
Judicial Immunity is a form of legal immunity which protects judges and others employed by the judiciary from lawsuits brought against them for official conduct in office, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.For...
in making the case against him. On January 21, 2010, the panel voted unanimously to recommend four articles of impeachment to the full Judiciary Committee, which, on January 27, voted to send the articles of impeachment to the full House.
Judge Samuel Kent
On May 14, 2009, Judge Kent refused to resign after he was sentenced to prison. The House Judiciary Committee then voted to begin an impeachment investigation. Proceedings continued after the judge resigned in June 2009 but set an effective date for his resignation in 2010. Hearings were held on June 2.Chaired by Rep Adam Schiff
Adam Schiff
Adam Bennett Schiff is the U.S. Representative for . He has served in Congress since 2001. He is a member of the Democratic Party...
, it featured the powerful testimony by the emotional and sometimes halting testimony of Cathy McBroom and Donna Wilkerson. The two Texas women sat side-by-side at the witness table, never smiling, and recounted the horrible events that Kent's guilty plea acknowledged had occurred. Both women quoted Kent as frequently saying: "I am the government." In an emotional moment, Wilkerson described trying to tell her teenage daughter to never endure any sexual misconduct, even if it meant harsh consequences such as losing her job.
Kent and his lawyer, Dick DeGuerin, refused to attend, calling it a "circus."
On June 9th, the Task Force reported four articles to the full House Judiciary Committee, which sent them to the full House the next day, After his formal impeachment June 19th, Kent resigned for real as the Senate trial was being organized.
Current Members of the Task Force, 111th Congress
| Majority | Minority |
|---|---|
|
Bob Goodlatte Robert William "Bob" Goodlatte is the U.S. Representative for , serving since 1993. He is a member of the Republican Party. The district is based in Roanoke and also includes Lynchburg, Harrisonburg and Staunton.-Early life, education and career:... , Virginia, Ranking Member Jim Sensenbrenner Frank James Sensenbrenner, Jr. is an American politician who has been a member of the Republican Party in the United States House of Representatives since 1979, representing . The district, the state's richest, includes many of Milwaukee's northern and western suburbs, and extends into rural... , Wisconsin Dan Lungren Daniel Edward "Dan" Lungren is the U.S. Representative for , serving since 2005. The district covers most of Sacramento County and part of Solano County, as well as all of Alpine, Amador and Calaveras counties... , California Randy Forbes James Randy Forbes is the U.S. Representative for , serving since 2001. He is a member of the Republican Party.-Early life, education and career:... , Virginia Louie Gohmert Louis Buller Gohmert, Jr. is an American politician and current Republican U.S. Representative from Texas's 1st congressional district.-Life and career:... , Texas |