As support for impeaching former Alaska federal judge grows, Murkowski introduces judicial worker protection bill

ANCHORAGE, Alaska (KTUU) - Following former Alaska U.S. District Judge Joshua Kindred’s resignation after a Ninth Circuit Court investigation found he created a hostile work environment, including sexual misconduct allegations, Sen. Lisa Murkowski has introduced a judicial worker protection bill.

“The Judiciary Accountability Act expands federal laws that prohibit workplace harassment and discrimination to employees of the judiciary, putting them on par with the executive branch, congressional, and private sector employees who have long-had these protections,” Murkowski said as part of a joint statement as she introduced the bill with Hawaii Sen. Mazie Hirono. “This legislation not only helps safeguard employees from mistreatment at work, but also establishes a review system to foster accountability when those rights are violated.”

Saying “no one is above the law,” the senators proposing the bill and said that federal statutes, such as Title VII of the Civil Rights Act of 1964, “generally do not apply to the federal judiciary, making it one of the only employers in the entire country–public or private–whose employees are not protected by federal civil rights laws that prohibit discrimination and retaliation.”

“The federal judiciary has faced sustained criticism for its approach to preventing, investigating, and remedying sexual harassment and discrimination by judges and others in the judicial branch,” the statement said.

Murkowski did not make clear if the legislation was proposed in reaction to Kindred’s resignation after a special committee, appointed by Chief Circuit Judge Mary H. Murguia, found Kindred had inappropriate relations with at least three assistant U.S. Attorneys.

The report also discovered he received nude photographs from one prosecutor who practiced before him and engaged in a sexual relationship with a former law clerk who was working as a prosecutor, as well as showing Kindred created a hostile work environment and made “false” and “misleading” statements in the inquiry.

Evidence from that report was cited in a September letter from the Judicial Conference of the United States to House Speaker Mike Johnson’s office recommending Kindred be considered for impeachment.

If convicted, he could be disqualified from holding future office. However, the letter also says considering Kindred resigned on July 8, lawmakers may decline to pursue impeachment.

Murkowski and Rep. Mary Peltola have both expressed support for Kindred’s potential impeachment.

In a social media post, Murkowski said she looked forward to seeing the results of an ongoing Department of Justice investigation.

“I am in complete agreement with the Judicial Conference of the United States and their recommendation that former U.S. District Judge Josh Kindred be considered for impeachment,” Murkowski posted. “If convicted, Mr. Kindred could be disqualified from holding future office.

“We must send a message that there is zero tolerance for this reprehensible behavior in our judicial system or any workplace in this country,” Murkowski went on to say.

“Judge Kindred’s actions are completely unacceptable,” Peltola said in a statement. “I support this recommendation and believe he should be considered for impeachment so he cannot abuse power in future office.”

Sen. Dan Sullivan, who, along with Murkowski, previously supported former President Donald Trump’s appointment of Kindred, did not indicate support for impeachment but said, “Kindred’s conduct was disgraceful, abhorrent, and a stain on Alaska’s legal system. The most relevant and consequential punishment for Kindred is for him to be disbarred – so he can never practice law again. The Alaska Bar Association needs to take action now. The constitutional purpose of impeachment is to remove an official from office—and, in this case, that purpose had already been achieved.”

Federal public defenders and the U.S. Attorney’s Office have uncovered roughly 44 cases in which Kindred may have had an “obligation to recuse himself” due to conflicts of interest with attorneys he was involved with at the USAO.

In July, public defender Jamie McGrady expressed concern that the U.S. Attorney’s Office failed to disclose conflicts of interest despite discovering them as early as November 2022.

McGrady said her office is prepared to litigate fully any case in which one of their clients was potentially prejudiced by the conflicts of interest.

In an email, McGrady said that her office is still working through these issues, and a " big roadblock” they are facing is that the government is seeking to seal all of the litigation concerning USAO and Kindred’s misconduct, and so far, the court has granted those requests.

“This seriously hampers our ability to coordinate litigation and compare disclosures between cases. We are actively opposing these attempts to shield the proceedings from public view,” McGrady said.

She said her office does have a new trial granted for one of the cases, but the order and opinion have been filed under seal.

Alaska’s News Source contacted the U.S. Attorney’s Office and Department Of Justice, but neither had responded for comment at the time of publication.

If Kindred is impeached, he will join a rare list: Only 15 federal judges have been impeached since 1804, the last being in 2010.

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