CREW requests DOJ records on Judge Kindred misconduct investigation
Egregious misconduct by a judge that led to an investigation and his eventual resignation could have impacted cases he oversaw—and requires a fresh look at any conflicts of interest he may have had in compromised cases as well as a fuller evaluation of the Department of Justice’s response.
Former Judge Joshua Kindred’s judicial misconduct was uncovered by the Judicial Council of the Ninth Circuit, which found that, along with other misconduct, Kindred had an inappropriately sexualized relationship with one of his law clerks both during her clerkship and while she was an Assistant United States Attorney (AUSA) in Anchorage who practiced before him, and exchanging sexually explicit texts with another more senior AUSA working for the DOJ in Alaska. Given the serious misconduct, the Council unanimously requested Kindred’s resignation from his lifetime appointment as a federal judge. In July of this year, Kindred tendered his resignation.
CREW has requested records from the DOJ about any action it may have taken in response to the conflicts created by Judge Kindred’s inappropriate conduct. These records might demonstrate a failure by Judge Kindred to recuse in compromised cases and violations of law or ethical obligation by said AUSAs based on the private relationship. They could also uncover whether the DOJ investigated its AUSAs who were involved.
The Judicial Council of the Ninth Circuit found that in addition to the hostile work environment and inappropriately sexualized relationship, Judge Kindred lied to the Council in an effort to hide his misconduct. Federal judges are supposed to be subject to the highest standards of integrity and impartiality. The Council took appropriate action in concluding that former Judge Kindred violated these standards, but the public deserves to know whether the DOJ acted internally to address any conflicts of interest.
The DOJ has an obligation to investigate and take disciplinary measures to address potentially unethical conduct by its prosecutors as it relates to conflicts created by Judge Kindred’s misconduct. The public has an interest in knowing when and whether the DOJ knew about the misconduct, and what efforts have been made to hold said AUSAs accountable and ensure justice is done. Given that the integrity of federal prosecutors has real lasting and irreversible consequences on both innocent people’s lives and the integrity of our judicial system, transparency on this matter is urgently needed.