The U.S. Judicial Conference, the federal judiciary's primary policymaking body, has taken an unusual step by referring former Alaska judge Joshua Kindred to Congress for potential impeachment. This decision comes despite Kindred's resignation in July 2024, underscoring the gravity of his alleged misconduct.
Kindred, appointed by former President Donald Trump in 2020, faced a judicial misconduct inquiry that uncovered disturbing behavior. The investigation revealed that he had fostered an inappropriate sexualized relationship with a law clerk and created a hostile work environment for court employees. Furthermore, the inquiry found that Kindred engaged in two sexual encounters with the clerk in October 2022, after she had transitioned to a new role in the U.S. Attorney's Office in Alaska. He subsequently lied about these encounters.
The 9th Circuit Judicial Council, which conducted the inquiry, had already reprimanded Kindred and requested his resignation. However, the Judicial Conference, chaired by Chief Justice John Roberts, determined that the severity of the misconduct warranted congressional review for potential impeachment.
This referral is particularly noteworthy as it marks only the second such action by the Judicial Conference in nearly a decade, with the previous instance occurring in 2015. The rarity of this move is further emphasized by the fact that only 15 federal judges have ever been impeached in U.S. history, with the most recent conviction by the Senate taking place in 2010.
The decision to refer Kindred for potential impeachment, even after his resignation, has sparked debate among political figures. Senate Republican Leader Mitch McConnell criticized the move, questioning the appropriateness of impeaching a former official who had already resigned in "disgrace." He pointed out the ongoing dispute over whether former officials can be impeached.
In contrast, Senator Lisa Murkowski, an Alaska Republican, expressed her "complete agreement" with the Judicial Conference's decision, highlighting the bipartisan concern over the severity of Kindred's actions.
The Judicial Conference acknowledged that the House might choose not to pursue impeachment given Kindred's resignation. However, they noted that the referral itself could serve as a public censure, emphasizing the seriousness with which the judiciary views such misconduct.
This case has reignited discussions about judicial accountability and the need for reforms in the federal judiciary. It also draws parallels to broader debates about impeachment, including the 2021 impeachment trial of former President Trump after he had left office.
As this situation unfolds, it serves as a reminder of the importance of maintaining the integrity of the judicial system and the mechanisms in place to address misconduct, even after an official has left their position.