[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1031 Received in Senate (RDS)]

111th CONGRESS
  2d Session
H. RES. 1031


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2010

                                Received

_______________________________________________________________________

                               RESOLUTION


 
Impeaching G. Thomas Porteous, Jr., judge of the United States District 
   Court for the Eastern District of Louisiana, for high crimes and 
                             misdemeanors.

    Resolved, That G. Thomas Porteous, Jr., a judge of the United States 
District Court for the Eastern District of Louisiana, is impeached for high 
crimes and misdemeanors, and that the following articles of impeachment be 
exhibited to the Senate:
    Articles of impeachment exhibited by the House of Representatives of the 
United States of America in the name of itself and all of the people of the 
United States of America, against G. Thomas Porteous, Jr., a judge in the United 
States District Court for the Eastern District of Louisiana, in maintenance and 
support of its impeachment against him for high crimes and misdemeanors.

                                    Article I

    G. Thomas Porteous, Jr., while a Federal judge of the United States District 
Court for the Eastern District of Louisiana, engaged in a pattern of conduct 
that is incompatible with the trust and confidence placed in him as a Federal 
judge, as follows:
    Judge Porteous, while presiding as a United States district judge in 
Lifemark Hospitals of Louisiana, Inc. v. Liljeberg Enterprises, denied a motion 
to recuse himself from the case, despite the fact that he had a corrupt 
financial relationship with the law firm of Amato & Creely, P.C. which had 
entered the case to represent Liljeberg. In denying the motion to recuse, and in 
contravention of clear canons of judicial ethics, Judge Porteous failed to 
disclose that beginning in or about the late 1980s while he was a State court 
judge in the 24th Judicial District Court in the State of Louisiana, he engaged 
in a corrupt scheme with attorneys, Jacob Amato, Jr., and Robert Creely, whereby 
Judge Porteous appointed Amato's law partner as a ``curator'' in hundreds of 
cases and thereafter requested and accepted from Amato & Creely a portion of the 
curatorship fees which had been paid to the firm. During the period of this 
scheme, the fees received by Amato & Creely amounted to approximately $40,000, 
and the amounts paid by Amato & Creely to Judge Porteous amounted to 
approximately $20,000.
    Judge Porteous also made intentionally misleading statements at the recusal 
hearing intended to minimize the extent of his personal relationship with the 
two attorneys. In so doing, and in failing to disclose to Lifemark and its 
counsel the true circumstances of his relationship with the Amato & Creely law 
firm, Judge Porteous deprived the Fifth Circuit Court of Appeals of critical 
information for its review of a petition for a writ of mandamus, which sought to 
overrule Judge Porteous's denial of the recusal motion. His conduct deprived the 
parties and the public of the right to the honest services of his office.
    Judge Porteous also engaged in corrupt conduct after the Lifemark v. 
Liljeberg bench trial, and while he had the case under advisement, in that he 
solicited and accepted things of value from both Amato and his law partner 
Creely, including a payment of thousands of dollars in cash. Thereafter, and 
without disclosing his corrupt relationship with the attorneys of Amato & Creely 
PLC or his receipt from them of cash and other things of value, Judge Porteous 
ruled in favor of their client, Liljeberg.
    By virtue of this corrupt relationship and his conduct as a Federal judge, 
Judge Porteous brought his court into scandal and disrepute, prejudiced public 
respect for, and confidence in, the Federal judiciary, and demonstrated that he 
is unfit for the office of Federal judge.
    Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high crimes and 
misdemeanors and should be removed from office.

                                   Article II

    G. Thomas Porteous, Jr., engaged in a longstanding pattern of corrupt 
conduct that demonstrates his unfitness to serve as a United States District 
Court Judge. That conduct included the following: Beginning in or about the late 
1980s while he was a State court judge in the 24th Judicial District Court in 
the State of Louisiana, and continuing while he was a Federal judge in the 
United States District Court for the Eastern District of Louisiana, Judge 
Porteous engaged in a corrupt relationship with bail bondsman Louis M. Marcotte, 
III, and his sister Lori Marcotte. As part of this corrupt relationship, Judge 
Porteous solicited and accepted numerous things of value, including meals, 
trips, home repairs, and car repairs, for his personal use and benefit, while at 
the same time taking official actions that benefitted the Marcottes. These 
official actions by Judge Porteous included, while on the State bench, setting, 
reducing, and splitting bonds as requested by the Marcottes, and improperly 
setting aside or expunging felony convictions for two Marcotte employees (in one 
case after Judge Porteous had been confirmed by the Senate but before being 
sworn in as a Federal judge). In addition, both while on the State bench and on 
the Federal bench, Judge Porteous used the power and prestige of his office to 
assist the Marcottes in forming relationships with State judicial officers and 
individuals important to the Marcottes' business. As Judge Porteous well knew 
and understood, Louis Marcotte also made false statements to the Federal Bureau 
of Investigation in an effort to assist Judge Porteous in being appointed to the 
Federal bench.
    Accordingly, Judge G. Thomas Porteous, Jr., has engaged in conduct so 
utterly lacking in honesty and integrity that he is guilty of high crimes and 
misdemeanors, is unfit to hold the office of Federal judge, and should be 
removed from office.

                                   Article III

    Beginning in or about March 2001 and continuing through about July 2004, 
while a Federal judge in the United States District Court for the Eastern 
District of Louisiana, G. Thomas Porteous, Jr., engaged in a pattern of conduct 
inconsistent with the trust and confidence placed in him as a Federal judge by 
knowingly and intentionally making material false statements and representations 
under penalty of perjury related to his personal bankruptcy filing and by 
repeatedly violating a court order in his bankruptcy case. Judge Porteous did so 
by--
            (1) using a false name and a post office box address to conceal his 
        identity as the debtor in the case;
            (2) concealing assets;
            (3) concealing preferential payments to certain creditors;
            (4) concealing gambling losses and other gambling debts; and
            (5) incurring new debts while the case was pending, in violation of 
        the bankruptcy court's order.
    In doing so, Judge Porteous brought his court into scandal and disrepute, 
prejudiced public respect for and confidence in the Federal judiciary, and 
demonstrated that he is unfit for the office of Federal judge.
    Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high crimes and 
misdemeanors and should be removed from office.

                                   Article IV

    In 1994, in connection with his nomination to be a judge of the United 
States District Court for the Eastern District of Louisiana, G. Thomas Porteous, 
Jr., knowingly made material false statements about his past to both the United 
States Senate and to the Federal Bureau of Investigation in order to obtain the 
office of United States District Court Judge. These false statements included 
the following:
            (1) On his Supplemental SF-86, Judge Porteous was asked if there was 
        anything in his personal life that could be used by someone to coerce or 
        blackmail him, or if there was anything in his life that could cause an 
        embarrassment to Judge Porteous or the President if publicly known. 
        Judge Porteous answered ``no'' to this question and signed the form 
        under the warning that a false statement was punishable by law.
            (2) During his background check, Judge Porteous falsely told the 
        Federal Bureau of Investigation on two separate occasions that he was 
        not concealing any activity or conduct that could be used to influence, 
        pressure, coerce, or compromise him in any way or that would impact 
        negatively on his character, reputation, judgment, or discretion.
            (3) On the Senate Judiciary Committee's ``Questionnaire for Judicial 
        Nominees'', Judge Porteous was asked whether any unfavorable information 
        existed that could affect his nomination. Judge Porteous answered that, 
        to the best of his knowledge, he did ``not know of any unfavorable 
        information that may affect [his] nomination''. Judge Porteous signed 
        that questionnaire by swearing that ``the information provided in this 
        statement is, to the best of my knowledge, true and accurate''.
    However, in truth and in fact, as Judge Porteous then well knew, each of 
these answers was materially false because Judge Porteous had engaged in a 
corrupt relationship with the law firm Amato & Creely, whereby Judge Porteous 
appointed Creely as a ``curator'' in hundreds of cases and thereafter requested 
and accepted from Amato & Creely a portion of the curatorship fees which had 
been paid to the firm and also had engaged in a corrupt relationship with Louis 
and Lori Marcotte, whereby Judge Porteous solicited and accepted numerous things 
of value, including meals, trips, home repairs, and car repairs, for his 
personal use and benefit, while at the same time taking official actions that 
benefitted the Marcottes. As Judge Porteous well knew and understood, Louis 
Marcotte also made false statements to the Federal Bureau of Investigation in an 
effort to assist Judge Porteous in being appointed to the Federal bench. Judge 
Porteous's failure to disclose these corrupt relationships deprived the United 
States Senate and the public of information that would have had a material 
impact on his confirmation.
    Wherefore, Judge G. Thomas Porteous, Jr., is guilty of high crimes and 
misdemeanors and should be removed from office.


        NANCY PELOSI,
                                        Speaker of the House of Representatives.

            Attest:
        LORRAINE C. MILLER,
                                                                          Clerk.