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Stephen Crowley/The New York Times Judge G. Thomas Porteous Jr.

The proceedings in the Senate on Tuesday were as remarkable as the charges that lawmakers there were asked to weigh. As tax policy debates swirled around the Capitol, the Senate on Tuesday began pondering the fate of Judge G. Thomas Porteous Jr. of Federal District Court in Louisiana, whom the House of Representatives impeached in March on four articles of “high crimes and misdemeanors” stemming from charges that he received cash and favors from those with business in his court.

This is only the 12th impeachment trial of a judge in Senate history.

In lengthy arguments before members of the Senate — some who sat riveted, others who thumbed their BlackBerry and others still who appeared to be fighting off the urge to nod off — the chief lawyer for Judge Porteous, Jonathan Turley, argued that the conduct of which he was accused all happened before he was a federal judge.

“In the history of this republic, no one has ever been removed from office on the basis of pre-federal conduct,” said Mr. Turley, “No one.”

He called for some articles to be dismissed.

But Representative Adam B. Schiff, a Democrat from California who is the head of the House Judiciary Committee Task Force on Judicial Impeachment, would have none of it, arguing that the charge against Mr. Porteous — which include perjury and taking payments from lawyers to whom he steered work — constituted “abuse of power at its most venal.” Mr. Schiff said the judge was “not only a corrupt state judge, but would become a corrupt federal judge as well.”

It is highly unusual for anyone but senators themselves to address the body from the floor, save a visiting chaplain. As Mr. Turley directed members to turn to “page 1,861 in the green books before you,” one or two Senators, like John McCain of Arizona, did as instructed, while others stared ahead, taking in the situation.

The charges against Judge Porteous are like something out of a novel. Two lawyers who once worked with the judge said in pre-trial hearings that they gave him thousands of dollars in cash before he decided a civil case in favor of their client. He is also accused of accepting free meals, trips and other goodies in exchange for judicial favors.

This week, Senator Claire McCaskill’s office sent a note to Senate staffers urging them to make sure that senators stay in their seats throughout the proceedings, “with some limited flex space for folks to step in and out.” The note continued: “If too many folks take liberty with stepping out for meetings or events and we lose a quorum, the proceedings will be stopped, which will only lengthen the process and, frankly, will be embarrassing to the Senate. So I urge you to make sure your boss’s schedules are adjusted as best as possible.”

Judge Porteous has been suspended without pay since 2008, and was stripped of his legal duties by the United States Court of Appeals for the Fifth Circuit. If he is convicted on any of the four charges, which requires a two thirds vote, he would be immediately removed from the federal bench — shortly before he is set to retire anyway — and would lose his $174,000 salary. If he is acquitted, he would remain on the bench until 2011, when he becomes eligible to receive a federal pension.

Mark Kirk, a new Republican senator from Illinois, recused himself from the proceedings because he was a member of the House when the body impeached the judge.

A vote on the matter is expected Wednesday.

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The Senate on Wednesday found Judge G. Thomas Porteous Jr. of Federal District Court in Louisiana guilty on four articles of impeachment, the first time the Senate has removed a federal judge from the bench in more than two decades.

Judge Porteous was impeached by the House in March on four articles stemming from charges that he received cash and favors from lawyers who had dealings in his court, used a false name to elude creditors and lied to the Federal Bureau of Investigation during his confirmation. The behavior amounted to a “pattern of conduct incompatible with the trust and confidence placed in him,” according to the articles against him.

Mr. Porteous, the eighth federal judge to be convicted and removed from office through impeachment in the history of the Senate, got an early indication that things would not go his way when all 96 Senators present voted “guilty” on the first article against him. One of his lawyers then reached over to touch his arm, as if in consolation.

Mr. Porteous, 64, was appointed to the federal bench by President Bill Clinton in 1994 and has been suspended with pay since 2008; as part of his removal, which begins immediately, he will not receive his federal pension.

In 1989, Judges Alcee Hastings and Walter Nixon were impeached, found guilty by the Senate and removed from office.

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The Senate is preparing to vote this week on whether to unseat a Louisiana federal judge impeached by the House on charges of corruption and bribery. A decision could come as early as Tuesday.

Mark Wilson/Getty Images Judge G. Thomas Porteous Jr. during a break at his impeachment trial on Capitol Hill in September.

The House impeached Judge G. Thomas Porteous Jr. in March on four articles of “high crimes and misdemeanors.” The charges stemmed from allegations that he ran up gambling debts, used a fake name to file for bankruptcy, accepted cash and gifts from lawyers involved in cases he handled, and lied to the Senate and to the Federal Bureau of Investigation while he was being vetted to fill the vacancy on the federal district court in New Orleans– a pattern of conduct House lawmakers agreed made him unfit to hold office.

Judge Porteous has been suspended without pay since 2008, and was stripped of his legal duties by the Fifth Circuit Court of Appeals. If he is convicted on any of the four charges, Mr. Porteous will be removed immediately from the federal bench and he will lose his $174,000 salary. A two-thirds vote is required to convict him.

If he is acquitted, Mr. Porteous would remain on the bench until 2011, when he becomes eligible to receive a federal pension, according to his chief defense attorney, Jonathan Turley, who is a law professor at George Washington University.

The judge’s Senate trial ended in September after five days of arguments from House lawmakers and Mr. Porteous’s legal team. In November, the Senate panel conducting the trial detailed its findings in a 74-page summary report. It did not make any recommendations.

In a post-trial brief, the judge’s legal team argued that the judge had been punished enough by the appeals court for what it described as “serious errors in judgment.”e quietly.

“Judge Porteous simply wants to retire in the coming months without the indignity that would accompany a resignation or conviction — neither of which is warranted,” the brief said.

Prosecutors countered in their post-trial brief that the judge’s behavior before and after he became a federal judge warranted removal.

“To conclude otherwise is to make the position of a federal judge a lifetime safe harbor for someone who is able to hide his misdeeds and defraud the Senate into confirming him,” the lawmakers wrote.

To date, Congress has impeached and removed seven federal judges, although others have resigned or have been acquitted.

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The proceedings in the Senate Tuesday were as remarkable as the charges that lawmakers there were asked to weigh. As tax policy debates swirled around the Capitol, the Senate Tuesday began pondering the fate of federal judge G. Thomas Porteous Jr. of Louisiana, who was impeached by the House of Representatives in March on four articles of “high crimes and misdemeanors” stemming from charges that he received cash and favors from those with business in his court. This is only the 12th impeachment trial of a judge in Senate history. 

In lengthy arguments before members of the Senate — some who sat riveted, others who thumbed their BlackBerry and others still who appeared to be fighting off the urge to nod off — the chief lawyer for Mr. Porteous, Jonathan Turley, argued that the conduct of which he was accused all happened before he was a federal judge. “In the history of this republic, no one has ever been removed from office on the basis of pre-federal conduct,” said Mr. Turley, “No one.” He called for some articles to be dismissed.

But Representative Adam Schiff, a Democrat from California who is the head of the House Judiciary Committee Task Force on Judicial Impeachment, would have none of it, arguing that the charge against Mr. Porteous — which included taking payments from lawyers to whom he steered work and perjury — constituted “abuse of power at its most venal.” Mr. Schiff said the judge “is not only a corrupt state judge, but would become a corrupt federal judge as well.”

It is highly unusual for anyone but Senators themselves to address the body from the floor, save a visiting chaplain. As Mr. Turley directed members to turn to “page 1861 in the green books before you,” one or two Senators, like John McCain of Arizona, did as instructed, while others stared ahead, taking in the situation.
The charges against Judge Porteous are like something out of a novel. Two lawyers who once worked with the judge said in pre-trial hearings that they gave him thousands of dollars in cash before he decided a civil case in favor of their client. He is also accused of accepting free meals, trips and other goodies in exchange for judicial favors.

This week, Senator Claire McCaskill’s office sent a note to Senate staffers urging them to make sure that senators stay in their seats throughout the proceedings, “with some limited flex space for folks to step in and out.” The note continued: “If too many folks take liberty with stepping out for meetings or events and we lose a quorum, the proceedings will be stopped, which will only lengthen the process and, frankly, will be embarrassing to the Senate. So I urge you to make sure your boss’s schedules are adjusted as best as possible.”

Judge Porteous has been suspended without pay since 2008, and was stripped of his legal duties by the Fifth Circuit Court of Appeals. If he is convicted on any of the four charges, which requires a two thirds vote, he would be immediately removed from the federal bench — just before he is set to retire anyway — and would lose his $174,000 salary. If he is acquitted, Mr. Porteous would remain on the bench until 2011, when he becomes eligible to receive a federal pension.

Sen. Mark Kirk, a new Republican Senator from Illinois, recused himself from the proceedings because he was a member of the House of when the body impeached the judge. A vote on the matter is expected Wednesday.

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