Alaska
Alaska Judge’s Sex Scandal Brings Scrutiny to US Attorney Tucker
The sexual misconduct findings that toppled a federal judge in Alaska will prompt fresh scrutiny of the Biden-appointed US attorney there, according to two of her predecessors in the post and lawyers experienced in similar inquiries.
S. Lane Tucker, the Anchorage-based US attorney since 2022, wasn’t mentioned by name in a judicial panel’s July report that concluded Judge Joshua Kindred had inappropriately sexualized relationships with two Alaska prosecutors, forcing him to resign.
But defense lawyers are preparing to challenge dozens of cases involving Kindred and those prosecutors. Tucker also faces separate complaints to investigative agencies that raise questions about how the office leadership responded to the allegations.
In one, to the independent US Office of Special Counsel, Kindred’s former law clerk claims Tucker and other top managers retaliated against her after she reported the judge’s behavior to them. In the other, public defenders asked the Justice Department’s inspector general to investigate alleged ethical breaches at the prosecutors’ office.
The IG has referred that complaint to Justice’s Office of Professional Responsibility, which reviews attorney misconduct allegations, according to an Aug. 2 letter obtained by Bloomberg Law.
Robert Bundy and Karen Loeffler, Alaska’s US attorneys during the last two Democratic administrations, expect OPR to probe the office, which they said would inevitably include an examination of what Tucker knew, when she knew it, and how she responded.
“It goes to what the US attorney was doing to ensure that her office was following the appropriate rules of professional responsibility and the obligations in the Justice Manual,” Bundy said.
Spokespersons from both investigative agencies declined to comment or acknowledge their inquiries.
A spokeswoman for the Alaska US attorney’s office declined a request to interview Tucker and declined to comment in response to a detailed list of questions.
Xochitl Hinojosa, the Justice Department’s chief spokesperson, also declined to comment for this story.
Kindred’s resignation capped an 18-month inquiry in which the Ninth Circuit judicial panel found he created a hostile work environment, sexually harassed his clerk, and received nude photos from a senior Alaska federal prosecutor.
Both the US attorney’s office and federal public defenders launched internal reviews after he stepped down to identify cases where the judge or the prosecutors failed to disclose or act on obvious conflicts. Prosecutors disclosed at least 43 cases so far, and defense lawyers, poring over past cases, say they’re preparing to seek relief in many more.
That raises the prospect that leadership in the US attorney’s office missed or ignored red flags and now could be forced to reopen dozens of closed cases.
“There obviously was nobody steering the ship,” said Rich Curtner, the longtime former chief federal defender in Alaska, who retired in 2020.
‘Prompt Response’
In a staff-wide July 12 email obtained by Bloomberg Law, Tucker touted her office’s “prompt response” after the former law clerk, whom she had hired as a line prosecutor, first reported in fall 2022 that Kindred had sexually harassed her.
Tucker and her top deputy, Kathryn Vogel, quickly referred the allegations—including the claim about the other prosecutor’s nude photos—to the Ninth Circuit and OPR, according to internal administrative proceeding records viewed by Bloomberg Law.
The office has never publicly said it undertook its own internal review after learning of Kindred’s claim that the senior prosecutor, Karen Vandergaw, sent him nude photos. Tucker later promoted Vandergaw to an advisory role in September 2023.
The judicial panel substantiated that Vandergaw sent the photos and had a “flirtatious rapport” with Kindred in its July report. She was effectively demoted shortly after the report’s publication.
Tucker also initially declined to approve the former clerk’s request to be reassigned out of the district, according to the clerk’s whistleblower complaint with OSC. In a separate filing in the internal administrative proceeding, Tucker said that she viewed the former law clerk as spreading gossip by discussing the nude photos allegedly sent to the judge.
Three legal ethics professors told Bloomberg Law that such a serious allegation should’ve compelled Tucker to initiate her own review within her office, while waiting for OPR to complete its process.
“This is not a situation in which the US attorney should be taking a hands-off attitude,” said John Strait, a professor emeritus at Seattle University School of Law who has run ethics training for the Alaska US attorney’s office.
Of particular concern, given the potential conflicts of interest, was Tucker’s decision to elevate Vandergaw into a role with oversight of more cases during the pendency of the Ninth Circuit probe.
In response to a convicted cyberstalker’s motion for a new trial due to Kindred’s failure to recuse, prosecutors Sept. 3 argued the guilty verdict must stand because Vandergaw “played only a minor advisory role.”
Bloomberg Law’s analysis of the 43 potentially conflicted Kindred matters flagged by the US attorney’s office shows Vandergaw was involved in nearly three dozen of them. Neither Kindred nor Vandergaw have commented publicly since the judicial panel released its findings.
Loeffler, the US attorney in Alaska from 2009 to 2017, said the public attention on Kindred’s misconduct should have turned the ethics problems into a “a nonstop daily issue” for that office’s leadership. “You have to be there every day dealing with the fallout,” she said.
Tucker waited nearly a month after Kindred’s resignation to call an in-person, all-staff meeting to discuss it, said current and former staffers who requested anonymity to discuss internal operations.
A detached leadership style and out-of-state absences have become hallmarks of her two-year tenure, according to interviews with nine current and former employees of the office and three lawyers and law enforcement officials who have business there.
Tucker left Alaska for roughly a third of weekdays in her first year on the job, according to an analysis of travel documents obtained by Bloomberg Law.
“That’s just unheard of,” Loeffler said.
On July 12, four days after the public release of the judicial report about Kindred, Tucker sent a staff-wide email. “It is important for you all to know how proud I am of the ethical compass of our office and the work we do on behalf of our community,” she wrote.
Nine days later, Tucker left the state to attend the Ninth Circuit’s judicial conference in Sacramento. She had initially scheduled to spend an extra eight days of personal time in Palm Springs after the conference, the documents show. It’s unclear if she kept those plans.
Warning Letter
Tucker grew up in Sarasota, Florida, and graduated from law school at the University of Utah. She moved to Alaska in 2002 after working as a government attorney in Washington. She served as an assistant US attorney and then civil chief in the office before moving to private practice at two prominent law firms in Alaska—Perkins Coie and Stoel Rives.
Both firms declined to comment for this article.
Cecy Graf, the former chief financial officer at Stoel Rives, said Tucker was a “force to be reckoned with” and was considered whenever there was a “major decision to be made.”
When she was under consideration for the US attorney’s job, two former prosecutors in the office shared a letter they’d drafted for the Biden transition team with Tucker. The letter urged Alaska’s next top federal prosecutor to prioritize addressing what they characterized as the office’s pattern of discrimination complaints from women attorneys.
They also highlighted a November 2020 decision from DOJ’s internal complaint adjudication office, reviewed by Bloomberg Law, which found “there is evidence that a discriminatory and retaliatory culture existed within the” Alaska US attorney’s office.
One of the letter’s authors, former Alaska federal prosecutor Kimberly Sayers-Fay, said Tucker never responded to her message.
Tucker was confirmed by the Senate in May 2022 to lead the office, a staff of around 50 to 60 tucked inside a tight-knit legal community. Her resume lists 15 years of Justice Department experience—all as a civil attorney, without referencing criminal cases. She discussed her inexperience in criminal law openly with staff after taking over as US attorney, employees said.
Faced with multiple veteran departures, Tucker turned to James Klugman, who had four years of federal prosecution experience, to helm the criminal division at the start of 2023.
Tucker delegated wide-ranging authority to him, while rarely attending criminal meetings herself, said multiple people with direct knowledge of the office’s operations. Klugman was reassigned back to regular line attorney around a year later.
“It sounds like a perfect storm,” said Mark Yancey, a former US attorney who later ran DOJ’s national training academy for prosecutors. “You really need strong leadership in your criminal division.”
Yancey added that his former division, DOJ’s Executive Office for United States Attorneys, could also look into leadership’s response to the Kindred scandal.
Judicial Application
Tucker has already set her sights on her next career move: one of the district’s open judgeships.
In a 2023 letter to Sen. Lisa Murkowski (R-Alaska) expressing interest in the vacancy, Tucker wrote: “I have developed a balanced perspective that allows me to recognize the validity of disparate viewpoints and arguments, treat all with dignity and respect, and resolve problems with fairness and efficiency.”
The Alaska Bar Association rated Tucker as one of the four most qualified applicants for the judgeship.
Murkowski, who had previously praised President Joe Biden’s choice of Tucker for US attorney, declined to say if she also recommended Tucker as a finalist for the previous court vacancy—which is still awaiting a White House nomination.
Both she and the state’s other Republican senator, Dan Sullivan, have called on the Justice Department to investigate the US attorney’s office in light of the scandal.
Alaska
Backcountry avalanche warning issued for much of Southcentral Alaska
High avalanche danger in the mountains around much of Southcentral Alaska prompted officials to issue a backcountry avalanche warning Saturday for areas from Anchorage to Seward.
The Chugach National Forest Avalanche Information Center said that a combination of heavy snowfall, strong winds and low-elevation rain Saturday “will overload a weak snowpack, creating widespread areas of unstable snow.”
The warning is in effect from 6 a.m. Saturday to 6 a.m. Sunday.
Human-triggered and natural slides are likely, and avalanche debris may run long distances into the bottoms of valleys and other lower-angle terrain, the center said.
In Saturday’s avalanche forecast, which noted high avalanche danger at all elevations in the Turnagain Pass and Girdwood areas, the center said avalanches were likely to fail on weak layers about 1.5 to 3 feet deep.
Forecasters recommended that people avoid traveling in avalanche terrain, staying clear of slopes steeper than 30 degrees.
“Avalanche conditions will remain very dangerous immediately after the snow finishes,” the avalanche center said in its warning.
The center also said conditions may cause roofs to shed snow, and urged that people watch for overhead hazards, use care in choosing where to park vehicles and watch out for children and pets.
Areas covered under the backcountry avalanche warning include the mountains around Anchorage, Girdwood, Portage, Turnagain Pass, Lost Lake and Seward.
Farther north, the Hatcher Pass Avalanche Center in its forecast Saturday said danger was considerable at upper elevations and moderate at middle elevations.
Snowfall in Anchorage and Mat-Su
A winter weather advisory remained in effect until 9 a.m. Sunday from Anchorage up to the lower Matanuska Valley, including the cities of Eagle River, Palmer and Wasilla.
The National Weather Service said total accumulations of 4 to 8 inches of snow were possible, with localized areas potentially receiving up to a foot of snow.
The snowfall was expected to peak Saturday evening before tapering off Sunday morning, the weather service said.
Alaska
In US Supreme Court case over which absentee ballots count, Alaska doesn’t pick a side
Alaska’s appointed attorney general on Friday filed a friends of the court brief in a case before the U.S. Supreme Court involving whether absentee ballots that arrive after Election Day can be counted.
The filing does not side with either party in the case, which arose in Mississippi.
Instead, it informs the court of the logistical hurdles in Alaska — far-flung villages, lack of roads and severe weather — that make it difficult to receive absentee ballots by Election Day.
Alaska, like roughly half the other states in the U.S., allows some ballots cast by Election Day to be received later, the brief says.
The case, Watson v. Republican National Committee, challenges a law in Mississippi that allows absentee ballots received shortly after Election Day to count if they are postmarked by Election Day.
The Republican National Committee, the Mississippi Republican Party, the Libertarian Party of Mississippi and a Mississippi voter challenged the law in 2024. They argue that under federal law, ballots must received by state officials by Election Day to be counted.
The case could have national implications by influencing midterm elections, and comes amid baseless assertions from President Donald Trump that mail-in voting results in “MASSIVE VOTER FRAUD.”
The Alaska brief was filed by Jenna Lorence, the first Alaska solicitor general after Attorney General Stephen Cox created the role and appointed the Indiana attorney in October to fill it.
The 14-page brief says it does not support either party in the case.
The state’s impartiality drew criticism from an elections attorney, Scott Kendall, one of the main architects of the state’s ranked choice voting and open primary system.
“If you’re going to file something, take a position in favor of Alaska’s laws because they’re there for a very good reason,” Kendall said.
If the U.S. Supreme Court strikes down the law in Mississippi, that could lead to the disenfranchisement of many Alaska voters whose ballots arrive after Election Day, he said.
“Thousands upon thousands of Alaskans, through no fault of their own, wouldn’t be able to vote, and that’s not the democracy I signed up for,” Kendall said.
Under Alaska law, absentee ballots sent in state are counted if they are received “by the close of business on the 10th day after the election,” the filing says. Ballots from overseas must be received by the 15th day after the election.
Asked why the solicitor general did not take a position defending Alaska’s law or siding with either party, the Department of Law said in a statement emailed by spokesperson Sam Curtis:
“The State is committed to providing fair elections for Alaskans and will do so whatever rule the Court adopts. Alaska has previously filed these factual briefs to ensure courts understand the State’s unique perspective. Here, we wanted to ensure the Supreme Court knew how circumstances in Alaska make rules that might be simple in Mississippi more complicated in our State. We’re asking for clarity, so the Division of Elections and Alaska voters have straightforward rules to apply in the 2026 election.”
The filing notes that most Alaska communities are hard to reach.
“With over 80 percent of Alaskan communities off the road system, and extreme weather making access by boat or plane unreliable during certain months, including November, Alaska’s Division of Elections will continue to establish processes unlike any other State to ensure that its geography does not limit its citizens’ ability to vote,” the filing says. “Alaska asks that as this Court crafts a rule in this case, it provide clear parameters for Alaska to apply.”
The filing provides examples of how determining when a ballot was “received” by the Division of Elections is not always clearly defined, the Department of Law said.
In some cases, even in-person votes can struggle to reach the state elections division due to weather and geographical challenges, the filing says.
In 2024, poll workers in Atqasuk in northern Alaska tallied the votes cast on Election Day, but could not reach the elections division by phone that night.
So they “placed the ballots and tally sheets into a secure package and mailed them to the Division, who did not receive them until nine days later,” the filing says. “This exemplifies the hurdles that the Division regularly faces to receive and count votes from rural areas.”
The 5th Circuit Court of Appeals held that ballots must “be both cast by voters and received by state officials” by Election Day, the filing says.
“While that rule may invalidate laws like Mississippi’s delayed receipt deadline, what does it do in a situation like Atqasuk, where votes were cast and received by some poll workers on election day, but state officials did not receive the physical ballots or vote tallies until days later?” the filing says.
“Even more standardized voting situations in Alaska raise these questions,” the filing says.
“For example, when a voter casts an in-person absentee ballot in a remote area shortly before election day, the absentee voting official must send the ballot (in its unopened absentee ballot envelope) to the regional office, which may take some time,” the filing says. “Is the ballot ‘received’ the day it is turned over to the voting official? Or is it ‘received’ only once it reaches the regional office, where, for the first time, the Division evaluates eligibility before opening the envelope and counting the ballot within?”
“While it is clear when a ballot is ‘cast’ in Alaska (meaning that the vote cannot be changed), when certain ballots are actually ‘received’ is open to different interpretations, especially given the connectivity challenges for Alaska’s far-flung boroughs,” the filing says.
Alaska Lt. Gov. Nancy Dahlstrom, who oversees elections, said in a prepared statement that Alaska wants the Supreme Court “to provide clear guidance that protects election integrity while recognizing Alaska’s logistical challenges, so every eligible voter can make their voice heard.”
Cox said in the statement that Alaska wants the court to “consider how a rule that seems straightforward in some states might raise more questions in others. All we want is clarity in the rules.”
The filing also points out that for absentee ballots, many voters rely on the United States Postal Service.
“But unlike in other states, where mail delivery can be accomplished by simply driving to someone’s house via a continuous road system, USPS must use creative solutions to reach 82 percent of Alaskan communities,” the filing says.
In a separate matter, new guidelines from the U.S. Postal Service could also lead to votes not being counted across the U.S.
The postal service said on Dec. 24 it cannot guarantee that it will postmark ballots the same day they are put into a mailbox.
Alaska
Multiple small avalanches release in Juneau after city issues evacuation advisory
Two small avalanches released on a slide path of Mount Juneau, above the Behrends neighborhood, as Ezra Strong was on a walk this morning in the pouring rain.
The city issued an evacuation advisory about an hour earlier for Juneau residents in all known slide paths downtown and along Thane Road. Strong and his wife live on Gruening Avenue with their dog. He said he’s not heeding the advisory.
“I think in part because we’re a little bit protected by a rock wall and some other things behind us, in part because we have seen slides come down before on the main slide path that didn’t even get close to us,” he said.
During an online press conference Friday morning, the City & Borough of Juneau’s new Avalanche Advisor John Bressette said that many small slides reduce the hazard by decreasing the amount of snow that could be released in a larger slide.
“So it’s actually a good thing that we’re seeing smaller slides reducing the total snow load that is capable of producing an avalanche,” Bressette said.
Some avalanches released above the Flume Trail today. The Alaska Department of Transportation and Public Facilities confirmed numerous small avalanches along Thane Road this morning. The agency expects more avalanches this evening since the forecast shows continued heavy rainfall, strong winds and warming temperatures. The closure of Thane Road could be extended multiple days.
Some residents of the Behrends neighborhood have evacuated to friends’ houses or Centennial Hall, the official shelter set up by the city and the American Red Cross.
Carlos Cadiente lives kitty-corner from Juneau-Douglas High School: Yadaa.at Kalé in the Behrends slide path. He evacuated at around 11:30 a.m. in one vehicle while his wife drove behind in another. At a stop sign, he told KTOO they were headed to a friend’s house just down the street.
“We already had a go bag going and we already had the cars loaded up and ready to roll, and so we’re rolling,” Cadiente said.
He said this is the first time they’ve heeded an avalanche evacuation advisory in the decades they’ve lived here.
“It’s kind of an extreme measure, you know, extreme weather that we’ve had,” he said. “So we’re just kind of trying to be proactive and not be a problem,” he said.
Britt Tonnessen is the community disaster program manager for the Red Cross of Alaska in Southeast. In coordination with the city, the Red Cross set up an emergency shelter at Centennial Hall downtown for residents on Friday.
At the shelter on Friday morning, she said the Red Cross has been preparing for the last week in case of an evacuation.
“We’ve seen multiple fatal landslides and avalanches in the past decade,” she said. “Evacuating to a congregate shelter is not people’s dream idea. It’s a safe place to go. We do the best to meet the needs and we have incredible, loving, warm volunteers to meet people.”
Tonnessen said that anyone from avalanche zones, as well as those who feel the load on their roof is becoming too heavy, are welcome at the shelter.
She said they are prepared to take 150 people, and around 30 people signed in by the early afternoon.
Avalanche, weather and road conditions are expected to worsen this evening.
KTOO reporter Clarise Larson contributed to this report.
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