07-18-2024
The Judicial Council of the Ninth Circuit revealed the results of an investigation into U.S. District Judge Joshua M. Kindred, seated in Alaska. The Special Committee of judges appointed to conduct the investigation found Kindred created a hostile work environment for his law clerks and had an "inappropriately sexualized relationship" with one law clerk during her clerkship and after, when she became an Assistant United States Attorney. (She did not appear before the judge as an AUSA.)
Kindred and one of his law clerks exchanged 278 pages of text messages, most of which did not relate to her official duties. When she finished her clerkship, Kindred met the law clerk for drinks and took her back to his chambers, where he kissed her. In a second encounter, Kindred performed oral sex on the clerk. The law clerk told investigators, "I just remember thinking like there's nothing I can do about this, like this is about to happen." She said that Kindred later told her to "keep your head down and shut up." Kindred denied any physical or sexual interactions with the clerk. However, when questioned under oath during a Judicial Council meeting, he admitted to lying to the special committee about his actions with the clerk. Law clerks told investigators that Kindred shared explicit details of his sex life, questioned them about their dating lives, and ranted with profanity about other public officials. When a few clerks braved coming to Kindred to discuss his inappropriate behavior, they reported that he "belittled or ostracized" them. One clerk left his clerkship because of this treatment.
The Judicial Council publicly reprimanded and admonished Kindred for his conduct, which violated the Code of Conduct. They asked Judge Kindred to resign and certified the matter to consider impeachment. He resigned without explanation and did not respond to a request for comment by the New York Times.