Judge Claiborne Exhausts Appeals, Heads for Prison

U.S. District Judge Harry Claiborne, the first sitting federal judge ever convicted of a felony, lost his last court appeal Thursday to delay the start of a two-year prison term for income tax evasion.

Claiborne, 68, was to report today to the federal prison at Maxwell Air Force Base in Montgomery, Ala.

“I haven’t been treated fairly by the justice system, because I’m a judge,” Claiborne said before boarding a commercial airliner here for a flight to Alabama. “Had I been the average citizen and not a member of the judiciary, I wouldn’t be facing what I’m facing today. It doesn’t feel good. It’s a very scary thing. But I’m up to it and I’ll handle it just like I’ve handled everything else in my life.”

First U.S. Supreme Court Justice John Paul Stevens and then the 9th U.S. Circuit Court of Appeals refused Thursday to delay the start of Claiborne’s prison term.

Attorney Oscar Goodman asked for the delay until a hearing could be held on allegations involving an FBI break-in at the judge’s home. Claiborne also contends that a sitting federal judge cannot be sentenced to prison before impeachment by Congress.

Claiborne, appointed by President Jimmy Carter in 1978, was convicted two years ago of failing to report $106,000 in income on his 1979 and 1980 tax returns.

Goodman said his client would travel to Alabama to report to prison, rather than surrender to U.S. marshals who used to work for him in the federal court here.

Claiborne has vowed not to resign and could return to the bench at the end of his prison term if he is not impeached. If released on good behavior, the judge could be back on the bench in eight months.

Claiborne has maintained his innocence and alleged that the indictment was manufactured by federal prosecutors who sought to drive him from his judicial post.

In motions and documents filed with the circuit court and U.S. District Court in Reno after his conviction, the judge contended that an FBI-directed break-in of his home was conducted before his indictment and information gathered in the burglary was used to prepare charges against him.

The judge continues to draw his $78,700 annual salary, although he has not considered any cases since his 1983 indictment.

Members of congressional committees have said that they are awaiting a recommendation from the circuit court and the National Judicial Council before deciding whether to proceed with impeachment, which could tie up the Senate for weeks.