Dallas

Federal Judge Investigated After Sexual Abuse Allegations

Complaint says judge engaged in inappropriate sexual contact

A federal judge in Central Texas is being investigated after a lawyer filed a complaint alleging the judge engaged in inappropriate sexual contact with a deputy court clerk more than 15 years ago.

The Waco Tribune-Herald reported a retired judge and a Dallas attorney have been selected by a special judicial committee to investigate sexual misconduct allegations against U.S. District Judge Walter S. Smith Jr. They have contacted at least five former employees who worked at the Waco federal courthouse with Smith.

The investigation began after Dallas-area attorney Ty Clevenger filed a judicial complaint in September in the 5th U.S. Circuit Court of Appeals in New Orleans. The complaint alleges the judge "engaged in abusive sexual contact" with a deputy court clerk in 1998 in his chambers.

"Unfortunately, the incident occurred in 1998, when the (federal) limitations period for such an offense was five years," Clevenger's complaint states. "Nonetheless, Congress' power to impeach is not subject to any limitations period. Therefore, I request that this matter be investigated, with the results of any such investigation reported to Congress."

Smith, 74, a federal district judge since 1984, has declined to comment on the investigation, citing confidentiality requirements.

Clevenger and Smith have had a contentious relationship in the past. Smith sanctioned Clevenger $25,000 for filing what the judge determined to be a frivolous lawsuit in a racketeering case. While defending himself against that bar grievance, Clevenger subpoenaed the former federal deputy clerk and took her sworn statement where she alleged that Smith made advances toward her in his chambers.

The clerk who was not identified said Smith tried to touch her inappropriately and made several advances that she rebuffed. She said she told her supervisor who reported the alleged incident to the chief judge of the Western District of Texas at the time, U.S. District Judge Harry Lee Hudspeth.

The judicial complaint also alleges that Hudspeth "failed to take appropriate action." A clerk in Hudspeth's office has declined to comment on his behalf.

Copyright AP - Associated Press
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