Impeachment and allegations of sexual misconduct by a court clerk force federal judge in Alaska to resign, says Ninth Circuit Judicial Council

ANCHORAGE, Alaska (KTUU) – In a 30-page document released Monday, the Judicial Council of the Ninth Circuit outlined a series of allegations of judicial misconduct against U.S. District Judge Joshua Kindred, who abruptly resigned last Wednesday. Those allegations include a special committee’s finding that he engaged in an inappropriate sexualized relationship with one of his law clerks who eventually became an assistant U.S. attorney.

The former law clerk did not appear before Judge Kindred on any occasion while serving as an Assistant U.S. Attorney.

The documents also detail that the select committee concluded that Kindred created a hostile work environment for his law clerk and lied to the presiding judge, the select committee and the council about his relationship with his law clerk during the proceedings. He could face impeachment if he does not voluntarily resign.

In November 2022, Chief Judge Mary H. Murguia received information about possible misconduct by Kindred, according to the Ninth Circuit Court press release.

It further states that after determining that the allegations gave reasonable cause to believe that misconduct had occurred, Murguia filed the misconduct complaint attached to the press release on December 27, 2022.

The complaint said there was reasonable suspicion that Kindred created a hostile work environment for Justice employees by exposing them to discussions about his personal life – including conversations of a sexual nature – and by excluding an employee who raised concerns about his conduct. He engaged in unwanted physical sexual conduct with a former employee, as well as unwanted verbal sexual conduct, and asked people who knew of his potential misconduct to remain silent.

In the Ninth Circuit’s Order and Certification document, Murguia made the following statement:

“The judiciary is entrusted with self-governance and must demand the highest standards of integrity and impartiality from its federal judges. We take complaints of judicial misconduct seriously. When allegations arise, the judiciary conducts a fair and thorough investigation focused on promoting a civil and respectful workplace free of discrimination and harassment and preserving the integrity of the judiciary. The process is designed to maintain the effective and expeditious administration of court business. By all accounts, this was a serious and sensitive matter. I thank the witnesses who provided information and fully understand how difficult this may have been. In my role as chief, I will continue to ensure that our judges are held to the highest standards.”

On February 3, 2023, Murguia convened a special committee to investigate the allegations and added two more judges to the committee in March. The special committee submitted its 1,144-page report to the Judicial Council on March 4, 2024. The Judicial Council met on April 5, and Kindred presented his arguments before being questioned by the Council.

The committee’s investigation included a review of documents obtained from various witnesses, including Kindred, as well as text messages exchanged between Kindred and its legal interns, totaling more than 700 pages of text messages.

In its initial response, Kindred “unequivocally” denied these allegations and stated that it was “in possession of communications which, in its opinion, clearly demonstrate that these allegations are entirely without merit.”

According to the document, it was further stated that it was “undoubtedly inappropriate” that Kindred regularly confronted the law clerk with topics of a sexual nature and that he viewed such discussions as normal. The fact that Kindred viewed the relationship as consensual and found his first years as a federal judge particularly difficult was no excuse.

“During the clerkship, there was undoubtedly a special bond between this law clerk and Judge Kindred,” the document states. “But it was a bond that inappropriately crossed the line from the professional to the personal, and Judge Kindred should have put an end to it.”

In a letter to President Joe Biden, 46-year-old Kindred gave no reason for his resignation – only that it would take effect on Monday.

Kindred was nominated to the Alaska District Court by former President Donald Trump in 2019 and confirmed in 2020. Previously, he served as a prosecutor in Anchorage and an attorney with the Alaska Oil and Gas Association.

Content Warning: The documents attached below contain information about alleged sexual misconduct that contains graphic depictions and may be difficult for some readers.

According to a statement from Candice Duncan of the U.S. District Court of Alaska, Kindred had 77 open criminal cases and 148 civil cases, all of which were assigned to Chief Judge Sharon L. Gleason on Friday, except for seven open cases that went to Senior Judge Timothy Mark Burgess in the Juneau Division.

Alaska currently has three Article III district court judge vacancies. One of the three current Article III vacancies is filled by Chief Judge Gleason, and the other two have been vacant since Monday following Kindred’s resignation.

The other position has been vacant since December 2021, after Judge Burgess assumed senior status. Senior judges are Article III judges who have met age and service requirements and typically take on a lighter caseload. Alaska currently has five district judges on senior status.

Because Chief Judge Gleason is the only remaining Article III district judge on the Alaska court, the increased caseload due to Gleason’s availability is expected to cause delays. According to Duncan’s statement, judges from other federal district courts may fill in as visiting judges in the District of Alaska if they are available.

“Cases will continue to be scheduled for hearings and trials based on the availability of the appropriate court officer and the parties in the case, as well as the requirements of the Speedy Trial Act in criminal cases,” Duncan explained. “The Clerk of Court’s Office will continue to provide case management and courtroom support for all cases.”

Alaska Senator Dan Sullivan said in an email to Alaska’s News Source that he found Kindred’s misconduct “extremely disappointing.”

“I will continue to work with the Alaska Federal Judicial Council to appoint federal judges who understand Alaska’s unique role in our federal system,” Sullivan said. “This is critical to our state. Federal judges serve for life – their decisions will impact Alaskans, positively or negatively, for decades to come. I remain focused on working with relevant stakeholders to appoint federal judges in Alaska who will interpret the law the way Congress intended, not the way special interests and unelected federal bureaucrats want.”

In an email to Alaska’s News Source, Duncan also said she did not have access to any further information about Kindred’s resignation. Kindred did not respond to requests for comment at the time of publication.

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