Reprimand of federal judge for conduct toward court worker 'far too lenient,' lawyer says in appeal
A disciplinary group for a federal appeals court was “far too lenient” on a longtime federal judge reprimanded last month for making unwanted sexual advances toward a court employee in 1998, the attorney who made the ethics complaint says.
U.S. District Judge Walter S. Smith Jr., who sits in Waco, Texas, should have been impeached over the misconduct, even though it occurred 17 years ago, attorney Ty Clevenger contends. He formerly practiced in Texas and now practices in New York.
Clevenger filed an appeal Monday with the Judicial Conference Committee on Judicial Conduct and Disability of the Administrative Office of United States Courts, the Waco Tribune-Herald reports. At issue is discipline imposed by the Judicial Council of the 5th U.S. Circuit Court of Appeals, which is based in New Orleans. In addition to reprimanding the 75-year-old Smith, it also said he cannot be assigned any new cases for a year and ordered him to take a sensitivity training course.
“I am appealing the decision because I think no one should be above the law, even if you are a federal judge,” Clevenger told the newspaper on Monday. “He deserves to be impeached.”
The Tribune-Herald was unable to reach Smith for comment on Monday.