Congress Urged to Consider Impeachment of Former Alaska Federal Judge
Federal judiciary leaders request impeachment consideration for ex-Alaska judge Joshua Kindred, who resigned amid misconduct allegations. The rare move highlights efforts to address judicial accountability.
Federal judiciary leaders have called upon Congress to contemplate the impeachment of Joshua M. Kindred, a former federal judge from Alaska who stepped down in July 2023 following an investigation into his conduct. The probe revealed that Kindred had fostered a hostile work environment and engaged in an inappropriate sexual relationship with a former law clerk.
Kindred, appointed by President Donald Trump in 2019, relinquished his lifetime appointment after serving for approximately four years. The investigation uncovered two sexual encounters between Kindred and the former law clerk in October 2022, shortly after she began working as a federal prosecutor. Additionally, they exchanged nearly 300 pages of text messages over an 11-month period.
The rarity of federal judge impeachments is noteworthy. Since 1804, only 15 federal judges have faced impeachment by the House, with about half subsequently convicted by the Senate. This statistic underscores the significance of the current situation involving Kindred.
Recent examples of judicial misconduct cases include:
- G. Thomas Porteous: Impeached and removed from office in 2010 for accepting bribes and making false statements.
- Samuel B. Kent: Impeached in 2009 on charges of sexual assault, but resigned before Senate conviction.
- Alex Kozinski: Retired in 2017 amid allegations of workplace sexual misconduct, without facing impeachment proceedings.
The Judicial Conference of the United States, the national policy-making body for federal courts, has taken the serious step of referring Kindred's case to the House for impeachment consideration. This action has been praised by Rep. Hank Johnson (D-Ga.), a member of the House Judiciary Committee, who stated:
"I am glad that the Judicial Conference is taking these allegations seriously by certifying this matter to the House for consideration of impeachment. Unwanted, offensive, and abusive sexual conduct and harassment have no place in America, and we must ensure that our federal court system is held to the same standard as every other workplace."
The report by the U.S. District Courts for the 9th Circuit, the largest of the 13 courts of appeals, detailed Kindred's inappropriate behavior. It included discussing personal matters with law clerks, encouraging them to rate people based on sexual desirability, and ostracizing those who attempted to address his conduct.
Legal ethics experts emphasize the importance of the Judicial Conference's referral, even though Kindred has already resigned. Stephen Gillers, a judicial ethics expert at New York University Law School, explained that this action serves as a clear message of zero tolerance for such behavior in the judiciary.
The case now moves to the House Judiciary Committee, one of the oldest standing committees in the U.S. House of Representatives. If the committee refers the matter to the full House and a majority votes to impeach, the Senate would then conduct a trial, requiring a two-thirds vote for conviction.
This situation has reignited discussions about judicial accountability. Rep. Johnson is expected to reintroduce the Judicial Accountability Act, which aims to provide safeguards for courthouse employees and establish oversight mechanisms for workplace misconduct in the federal judiciary.
As of September 2024, these developments highlight ongoing efforts to address misconduct and enhance accountability within the federal court system, which employs over 30,000 people nationwide. The outcome of this case may have significant implications for future judicial conduct and oversight measures.
