The U.S. Judicial Conference, the federal judiciary's primary policymaking body, has taken the uncommon step of referring former U.S. District Judge Joshua Kindred to the House of Representatives for potential impeachment. This action comes in the wake of Kindred's resignation in July 2024, following accusations of sexual misconduct.
The referral, received by Republican House Speaker Mike Johnson, marks a significant event in judicial oversight. Such referrals are infrequent, with the last occurrence in 2015. Throughout U.S. history, only 15 judges have faced impeachment, with eight convicted by the Senate.
Kindred, appointed by former President Donald Trump in 2020, stepped down after a judicial misconduct inquiry revealed troubling behavior. The investigation found that Kindred had fostered an inappropriate sexualized relationship with a law clerk and created a hostile work environment for court employees.
The 9th Circuit Judicial Council's inquiry uncovered 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. Kindred subsequently provided false information about these incidents. Additionally, the inquiry revealed that he used crude language with law clerks, discussed personal sexual matters, and expressed disparaging views about colleagues and public figures.
In response to these findings, the judicial council reprimanded Kindred and requested his voluntary resignation. The council also certified the matter for the Judicial Conference to consider an impeachment referral.
The Committee on Judicial Conduct and Disability, part of the Judicial Conference, upheld the 9th Circuit's decision last month. They stated that the council had ordered "appropriate" remedial measures given the "seriousness of the misconduct."
While Kindred is no longer in office, the House's decision on this referral could have significant implications. If impeached by the House and convicted by the Democratic-led Senate, Kindred could be barred from holding any future federal office.
This case highlights the importance of judicial integrity and the mechanisms in place to address misconduct within the federal judiciary. The U.S. Judicial Conference, created in 1922 and currently headed by Chief Justice John Roberts, plays a crucial role in overseeing the administration of federal courts and maintaining public trust in the judicial system.
The rarity of such referrals underscores the gravity of the allegations against Kindred. Since the first federal judge impeachment in 1803, the process has been used sparingly, reflecting its status as a last resort for addressing serious judicial misconduct.
As this situation unfolds, it serves as a reminder of the lifelong appointments federal judges hold, subject to the constitutional standard of "good behavior." The case also draws attention to the complex relationships within the judicial system, including the role of law clerks and the ethical standards expected of federal judges.
"The council had ordered appropriate remedial measures in response to the seriousness of the misconduct."
The House of Representatives now faces the task of considering this referral and determining the next steps in this unprecedented situation involving a former federal judge from the nation's 49th state.