Thomas Porteous

G. Thomas Porteous, Jr. was an Article III federal judge for the United States District Court for the Eastern District of Louisiana. He joined the court in 1994 after being nominated by President Bill Clinton. Porteous was impeached for serious misconduct in judicial office on December 8, 2010 and was removed from office.

Early life and education

Porteous received his undergraduate and J.D. degrees from Louisiana State University, in 1968 and 1971, respectively.^[1]

Professional career

• Special counsel, Office of the State Attorney General, Louisiana, 1971-1973
• Private practice, Gretna, Louisiana, 1973-1980
• Chief, Felony Complaint Division, District Attorney's Office, Jefferson Parish, Louisiana, 1973-1975
• Private practice, Metairie, Louisiana, 1980-1984
• City attorney, City of Harahan, Louisiana, 1982-1984
• Judge, 24th Judicial District Court of Louisiana, 1984-1994^[1]

Judicial career

Eastern District of Texas

On the unanimous recommendation of Louisiana U.S. Senators John Breaux and Bennett Johnston, Vance was nominated by President Bill Clinton to a seat vacated by Robert Collins. Porteous was confirmed by the U.S. Senate on October 7, 1994 on a Senate vote and received commission on October 11, 1994.^[1]

Impeachment trial

Articles of Impeachment Available Here

Summary of Articles of Impeachment Available Here

On January 12, 2009, the United States House of Representatives voted to investigate Porteous for impeachable offenses due to allegations that he engaged in serious judicial misconduct. Porteous was charged with presiding over a trial in which the lawyers involved had given him money and is also accused of filing for bankruptcy under a false name.^[2] On January 21, 2010, the House Judiciary Committee Task Force on Impeachment voted unanimously to recommend impeachment and on March 10, 2010, the House voted unanimously to impeach.^[3][4][5]

The allegations against Porteous were uncovered during the FBI’s "Operation Wrinkled Robe," an investigation of state judges in Jefferson Parish where Porteous served until his 1994 appointment to the federal bench. The FBI's 5 1/2 year investigation put court-ordered wiretaps and video cameras in the parish courthouse and brought 14 convictions of individuals, including two state judges who were sent to federal prison.^[5]

In addition to making false statements under oath and taking gifts from attorneys, the charges against Porteous included hiding assets from the bankruptcy estate, leaving gambling losses off the list of debts and getting short-term credit from casinos after a bankruptcy judge ordered him to get approval of the court before taking on any debt. The probe also uncovered evidence that Porteous rejected a request to recuse himself from a case without revealing that he had a history of financial relationships with at least one attorney involved and leaving lawyers gifts off financial disclosure statements from 1994 to 2000.^[5]

Porteous stepped aside from all civil cases involving the federal government and all criminal cases in 2003 after a relative of bail bondsman said the bondsman, who was serving a prison term for racketeering, had paid for car repairs and arranged another favor for Porteous. After further investigation, Porteous was removed from bankruptcy cases.^[5][6][7]

Impeachment proceedings

Senate Committee

A bi-partisan Senate panel began proceedings against Porteous on March 17, 2010. Panel members were Democratic Senators Claire McCaskill (Mo.), Amy Klobuchar (Minn.), Sheldon Whitehouse (R.I.), Tom Udall (N.M.), Jeanne Shaheen (N.H.) and Ted Kaufman (Del.) and Republican Senators Orrin Hatch (Utah), John Barrasso (Wyo.), Jim DeMint (S.C.), Mike Johanns (Neb.), James Risch (Idaho) and Roger Wicker (Miss.).^[8] Senator Claire McCaskill is chairing the panel with Orrin Hatch acting as vice-chair.^[9]

Louisiana Senator Mary L. Landrieu supported the impeachment trial. She said,

House Committee

The House Judiciary Committee Task Force on Impeachment heard testimony the impeachment proceedings from December 14 to December 19, 2009. During the proceedings, many legal experts and those close to Porteous testified about the conduct the judge had engaged in.

One bail bondsman who had a close relationship with the judge, mentioned that the judge usually drank vodka cocktails during lunch. Also, the lawyer who handled his bankruptcy in 2001 said the judge filed his bankruptcy using the last name "Orteous" to avoid being in the paper and to get a more favorable settlement.^[12]

The 12-member House Task Force voted 8-0 (4 members were not present) to recommend impeachment. "His long-standing pattern of corrupt conduct, so utterly lacking in honesty and integrity, demonstrates his unfitness to serve as a United States district court judge," said Representative Adam Schiff, who led the task force.^[4][13]

The House Judiciary Committee voted favorably to move the impeachment proceedings to a full House vote on January 21, 2010.^[14][15]

The four articles of impeachment Porteous was charged with were:

• Article I-Engaging in a pattern of conduct that is incompatible with the trust and confidence that is placed in him as a federal judge.
• Article II-Engaging in a longstanding pattern of corrupt conduct that demonstrates his unfitness to serve as a United States District Court Judge.
• Article III-Knowing and intentionally making false statements, under penalty of perjury, related to a personal bankruptcy filing and violating a bankruptcy court order.
• Article IV-Knowingly made material false statements about his past to the United States Senate and to the Federal Bureau of Investigation (FBI) in order to obtain the position as United States District Court Judge.^[15]

The House of Representatives on March 11, 2010 voted unanimously to approve all four articles of impeachment on Thomas Porteous.^[3]

Impeachment trial

Senator Claire McCaskill lead the impeachment trial against Porteous, following an appointment by Senator Majority Leader Harry Reid.^[16]

During the session on March 17, 2010, Porteous was served with a summons notice to respond to all of the four articles of impeachment against him. The summons also required the judge to be present during the hearings.^[17]

Lawsuit on impeachment panel

Porteous sued the House Judiciary Committee to delay impeachment proceedings planned against him, claiming that his Fifth Amendment rights were violated. The judge said in his lawsuit that the task force in charge of planning his impeachment failed to grant him immunity in giving testimony.^[18] Judge Richard Leon, who heard the temporary restraining order case, refused to delay the opening of congressional hearings.^[19]

Conviction

The United States Senate convicted Federal District Court Judge Thomas Porteous of the United States District Court for the Eastern District of Louisiana on four charges: accepting money and favors from individuals before his court, lying during his judicial confirmation and filing for bankruptcy under alternative names. He was convicted unanimously of accepting money, and with majorities on the other three counts, was barred from holding future federal office. Porteous was less than two years away from retirement.^[20]

See also

• News: Suspension recommended for attorney of ex-Judge Thomas Porteous, September 26, 2011
• Impeachment of federal judges

External links

• Judge Porteous' Biography from the Federal Judicial Center
• The Times Picayune, "Judge Thomas Porteous impeachment vote expected after Thanksgiving," September 21, 2010
• New York Times "Impeachment Evidence Grows Against U.S. Judge" December 20, 2009
• Wall Street Journal "House Weighs Impeachment of Judge in an Unusual Move," December 1, 2009
• Associated Press "House panel opens impeachment hearings vs. judge," November 17, 2009 (dead link)
• The Times-Picayune "Wheels of Congress grind slowly in Judge Thomas Porteous impeachment," November 17, 2009
• The Times Picayune, "Editorial: A rank odor in the judge's chambers," September 21, 2008
• The Times Picayune, "History on the side of accused judge," September 21, 2008

Footnotes

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