40 years after Nevada Judge Harry Claiborne was impeached and removed, Las Vegas lawyers still debate his case

What happened

The Las Vegas Review-Journal looked back at the case of Harry Claiborne, a U.S. District Judge of Nevada, 40 years after Congress removed him from office. In July 1986 the U.S. House unanimously approved articles of impeachment. After days of televised hearings, the U.S. Senate convicted him of "high crimes and misdemeanors" on Oct. 9, 1986.

According to the Review-Journal, Claiborne was the first federal judge convicted of a crime while in office. He was also the first federal official impeached by Congress in half a century and the first impeached official tried by the Senate after a criminal conviction. The newspaper reported that his legacy is still hotly contested.

How the case unfolded

From Arkansas to the federal bench

Claiborne was born in McRae, Arkansas, in 1917 and was admitted to the Nevada state bar in 1946, the Review-Journal reported. He worked as a prosecutor, served a two-year term in the Nevada Assembly and lost a 1964 bid for the Democratic U.S. Senate nomination to Howard Cannon. President Jimmy Carter nominated him for a federal judgeship in 1978.

The bribery claims and the tax conviction

Mustang Ranch operator Joe Conforte, who had fled the country after his own tax evasion conviction, made a deal with prosecutors. According to prior Review-Journal coverage, he told the FBI he had given Claiborne bribes meant for appellate judges. Claiborne's first trial, at which Conforte testified, ended with a deadlocked jury. Justice Department prosecutors then decided not to pursue the Conforte-related bribery charges.

At a second trial, Claiborne was convicted of tax evasion in 1984 and sentenced to prison. The Review-Journal reported that he had failed to report $106,000 in income on his 1979 and 1980 returns. He continued to collect his $78,000 yearly salary and sought to keep his judicial seat.

The Senate trial

The Senate used a 12-member panel to consider evidence and testimony, a step contemplated by a 1930s Senate rule but never used before. Claiborne told senators that authorities had pursued him "like a pack of wolves would pursue a sick caribou." House special counsel Nicholas Chabraja asked whether "sheer greed" explained errors in his returns, and Claiborne denied being greedy. After his conviction, he returned to prison and was held for over a year.

Two views that have not faded

Those who defend him

Oscar Goodman, who led Claiborne's impeachment defense, told the Review-Journal the process ignored the Constitution. "We didn't have a trial. We had a, I guess, a slugfest," Goodman said. Claiborne argued at the impeachment trial that he was prosecuted because Joseph Yablonsky, then head of the FBI's Las Vegas office, disliked him. Yablonsky died in 2019.

Richard Wright, a former federal prosecutor and longtime Las Vegas attorney, still displays a photo of Claiborne in his downtown office. "From my perception, he got wronged, but he rose above it," Wright told the Review-Journal.

Those who back the outcome

David DeBruin, associate special counsel for the House during the impeachment, called claims that Claiborne was improperly targeted "ridiculous." He said the trial was fair and noted that Claiborne was allowed to address the Senate. "The evidence spoke for itself," DeBruin said. Retired U.S. District Judge Philip Pro, who replaced Claiborne, said the tax case was "probably justified" but that he did not believe Conforte.

A divided Nevada

Pro and Wright said Claiborne's legal problems split Nevada. The Associated Press reported in 1986 that a committee supporting his defense claimed to have distributed 6,000 "Free Judge Claiborne" bumper stickers. Wright said older lawyers favored letting him practice law again, while younger ones opposed it.

The Nevada Supreme Court allowed Claiborne to resume his practice in state courts, and late in his career he shared office space with Wright. The Review-Journal reported that Claiborne, who was struggling with Alzheimer's disease and other health problems, died by suicide in 2004. About 300 people, including federal and state judges and President Carter's son, attended his January 2004 funeral.

Anyone thinking about suicide, or worried about someone else, can call or text the 988 Lifeline at any hour. The Crisis Text Line is also available by texting HOME to 741741.

What to watch next

• Debate over Claiborne's legacy, which the Review-Journal describes as still hotly contested as key figures in the case age or die.
• Joe Conforte's status: court records indicate federal prosecutors believe he has died, but the Review-Journal could not confirm it.