Harry E. Claiborne
Encyclopedia
Harry Eugene Claiborne (July 5, 1917 – January 19, 2004) was a United States district court
judge who was impeached for tax evasion
. He was only the fifth person in U.S. history to be removed from office through impeachment
by the U.S. Congress
, and the first since Halsted Ritter in 1936.
and graduated from Cumberland School of Law
at Cumberland University
in 1941. He was admitted to both the Arkansas
and Nevada
bars, and spent two years as a deputy prosecutor
before becoming a well-known defense attorney in Las Vegas
.
Claiborne ran unsuccessfully for the U.S. Senate
in 1964, losing in the Democratic
primary. He was appointed to be a federal judge for the United States District Court for the District of Nevada
by President
Jimmy Carter
in 1978, on the recommendation of his former opponent, Senator Howard Cannon
.
Claiborne was indicted by a federal grand jury
for bribery
, fraud
, and tax evasion
in December 1983. In April 1984, however, the jury deadlocked and a mistrial was declared. He was tried again in July on only the evasion charges and was found guilty the next month, making him the first federal judge ever convicted of crimes while on the bench. Claiborne was sentenced to two years in prison
in October, and was in prison from May 1986 to October 1987. Many lawyers and judges in the Nevada legal community regarded it as a case of selective prosecution. According to Nevada State District Judge Michael Cherry in 2004, "He was very, very fair to criminal defendants to his detriment. I think that is why the government was so interested in prosecuting him and knocking him off the bench."
Harry E. Claiborne was impeached by the United States House of Representatives
on July 22, 1986, on two charges of tax evasion and one charge of bringing disrepute to the federal judiciary. He was convicted by the U.S. Senate
on October 9, 1986, removing him from office.
Claiborne was allowed to begin practicing law again in Nevada
in 1987, in a decision by the Nevada Supreme Court that implicitly questioned the federal prosecution. His attorney was future Las Vegas Mayor Oscar Goodman
.
On January 19, 2004, he committed suicide
in Las Vegas, Nevada
, apparently due to his health battles with cancer
and Alzheimer's disease
.
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
judge who was impeached for tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
. He was only the fifth person in U.S. history to be removed from office through impeachment
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
by the U.S. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, and the first since Halsted Ritter in 1936.
Biography
Harry Eugene Claiborne was born in McRae, ArkansasMcRae, Arkansas
McRae is a city in White County, Arkansas, United States. Bob Sullivan is the current mayor. The population was 661 at the 2000 census.-Geography:McRae is located at ....
and graduated from Cumberland School of Law
Cumberland School of Law
Cumberland School of Law is an ABA accredited law school at Samford University in Birmingham, Alabama. The 11th oldest law school in the United States, it is 160 years old and has more than 11,000 graduates. Its alumni include two United States Supreme Court Justices; Nobel Peace Prize recipient...
at Cumberland University
Cumberland University
Cumberland University is a private university in Lebanon, Tennessee, United States. It was founded in 1842, though the current campus buildings were constructed between 1892 and 1896.-History:...
in 1941. He was admitted to both the Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
and Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
bars, and spent two years as a deputy prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
before becoming a well-known defense attorney in Las Vegas
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
.
Claiborne ran unsuccessfully for the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in 1964, losing in the Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
primary. He was appointed to be a federal judge for the United States District Court for the District of Nevada
United States District Court for the District of Nevada
The United States District Court for the District of Nevada is the Federal district court whose jurisdiction is the state of Nevada. The court has locations in Las Vegas and Reno....
by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
in 1978, on the recommendation of his former opponent, Senator Howard Cannon
Howard Cannon
Howard Walter Cannon was an American politician. He served as a United States Senator from Nevada from 1959 until 1983 as a member of the Democratic Party.-Early life:...
.
Claiborne was indicted by a federal grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
for bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, and tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
in December 1983. In April 1984, however, the jury deadlocked and a mistrial was declared. He was tried again in July on only the evasion charges and was found guilty the next month, making him the first federal judge ever convicted of crimes while on the bench. Claiborne was sentenced to two years in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
in October, and was in prison from May 1986 to October 1987. Many lawyers and judges in the Nevada legal community regarded it as a case of selective prosecution. According to Nevada State District Judge Michael Cherry in 2004, "He was very, very fair to criminal defendants to his detriment. I think that is why the government was so interested in prosecuting him and knocking him off the bench."
Harry E. Claiborne was impeached by the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
on July 22, 1986, on two charges of tax evasion and one charge of bringing disrepute to the federal judiciary. He was convicted by the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on October 9, 1986, removing him from office.
Claiborne was allowed to begin practicing law again in Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
in 1987, in a decision by the Nevada Supreme Court that implicitly questioned the federal prosecution. His attorney was future Las Vegas Mayor Oscar Goodman
Oscar Goodman
Oscar Baylin Goodman is an American lawyer and politician. He was the mayor of Las Vegas, Nevada from 1999 to 2011. Mayor Goodman is an Independent and a former member of the Democratic Party.-Biography:...
.
On January 19, 2004, he committed suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
in Las Vegas, Nevada
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
, apparently due to his health battles with cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
and Alzheimer's disease
Alzheimer's disease
Alzheimer's disease also known in medical literature as Alzheimer disease is the most common form of dementia. There is no cure for the disease, which worsens as it progresses, and eventually leads to death...
.