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Council finds Alaska federal judge committed misconduct with relationship, hostile workplace, lies • Alaska Beacon

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Council finds Alaska federal judge committed misconduct with relationship, hostile workplace, lies • Alaska Beacon


U.S. District Judge Joshua Kindred violated the law governing the conduct for federal judges by maintaining a hostile workplace for law clerks, having a “sexualized relationship” with a clerk, and lying about it to a senior judge and investigators, a federal judicial council concluded.

Kindred resigned effective Monday, after the judicial council for the 9th U.S. Circuit Court of Appeals requested his resignation in a May 23 order. Kindred had been nominated by President Donald Trump in November 2019 and confirmed by the U.S. Senate in February 2020. 

The order followed the work of a special committee, which found that Kindred “created a hostile work environment for his law clerks by engaging in unwanted, offensive, and abusive conduct, and treating the law clerks in a demonstrably egregious and hostile manner.”

Kindred also “engaged in misconduct by having an inappropriately sexualized relationship with one of his law clerks during her clerkship and shortly after clerkship while she practiced as an Assistant United States Attorney in the District of Alaska,” according to  the order. 

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The order said Kindred lied to Chief Circuit Judge Mary H. Murguia, the special committee and the council after Murguia received a complaint about him in November 2022. Kindred maintained he “never had any sexual contact” with the clerk, but admitted to it when asked under oath in April 2024.

Murguia noted in a news release that the judiciary is entrusted to govern itself.

In all respects, this was a serious and sensitive matter,” she said. “I thank the witnesses who provided information, understanding fully how difficult that may have been. In my role as Chief, I will continue to ensure that our judges are held to the highest standards.”

The council held that Kindred’s behavior might constitute grounds for impeachment under the U.S. Constitution and that he violated the Judicial Conduct and Disability Act rules for judges. It ordered that he be publicly reprimanded and it requested he resign. 

Kindred held one of only three U.S. District Court judgeships designated for Alaska; with one of the positions already vacant, his resignation leaves Judge Sharon Gleason as the only active judge, though four senior judges in Alaska can also take cases. 

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The order recounts how Kindred used crude, sexual language with law clerks in both his chambers and in text messages. After telling a clerk that an assistant U.S. attorney sent him nude photographs, he later indicated that he felt insecure about sharing the information, writing, “But you don’t think I suck? Do I give off a desperate for attention vibe?”

He engaged in 278 pages of text messages with one clerk, with only a small fraction having any relationship to her legitimate job duties, according to the investigation.

A former clerk said Kindred attempted to initiate a romantic encounter, which he denied, alleging she had initiated it. 

“However, these denials were belied by documentary evidence and, as revealed later during Judge Kindred’s testimony to the Judicial Council, by Judge Kindred’s own admissions,” according to the order.

In a separate incident, the clerk said after Kindred grabbed her breast, “I like grabbed his like forearm, and I remember thinking like he felt really strong and I tried to like pull his arm off of me. … I just remember thinking like there’s nothing I can do about this, like this is about to happen,” before he performed oral sex on her. 

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In his account of the same evening, Kindred said there were no physical or sexual interactions. But in a later text exchange, Kindred wrote that he “didn’t imagine your exit interview would involve that much oral.” When asked by the committee about the text, Kindred repeated his denial and said he could not provide an explanation for the text. During a later hearing, he admitted that he had a sexual encounter with the clerk, despite previous denials. 

In its finding on whether this interaction was consensual, the judicial found that the record was inconclusive, but that engaging in sexual encounters with an assistant U.S. attorney and former clerk within weeks of her leaving the clerkship, while failing to disclose the relationship, was irresponsible and improper.

In a nine-page response to the special committee’s report on his conduct, Kindred said that he had only a few weeks to observe other judges before the courthouse began shutting down due to the pandemic, and that for his first year as a judge, the clerk at the center of the allegations was “often the only person I would interact with face to face.” Kindred said the clerk had made false allegations against others in the past, “implying he was a victim of that same circumstance,” according to the order.

The council found that Kindred did not hear cases the former clerk worked on while at the U.S. Attorney’s office, and that he did not retaliate against individuals for reporting his behavior.

In its findings of misconduct, the judicial council noted that Kindred repeatedly said he had no “sinister intent” in his relationships with law clerks, but added that federal rules for judicial conduct are not framed in terms of intent. 

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Alaska

Alaska experiencing widespread 911 outage

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Alaska experiencing widespread 911 outage


ANCHORAGE, Alaska (KTUU) – A national technology-related outage is causing issues for many 911 and non-emergency call centers across America.

Alaska State Troopers say emergency call systems statewide are also experiencing extensive problems and not working correctly.

If you have an emergency in the Anchorage, the Anchorage Police Department says you can still call 911, as its system is still working as of publishing time.

If 911 is not working in your area, AST says you can use the following numbers instead:

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  • Interior Alaska: (907) 474-2568
  • Southeast Alaska: (907) 474-2568
  • Western Alaska: (907) 474-2568
  • Mat-Su and Valley area: (907) 376-5486
  • Kenai Peninsula: (907) 262-4453



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Federal appeals court appears unlikely to halt Southeast Alaska king trolling for now • Alaska Beacon

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Federal appeals court appears unlikely to halt Southeast Alaska king trolling for now • Alaska Beacon


In closely watched oral arguments on Thursday, a three-judge panel of the 9th U.S. Circuit Court of Appeals indicated that it is unlikely to grant an environmental group’s petition for an order that could halt — at least temporarily — a valuable Southeast Alaska king salmon fishery.

In May 2023, a judge in the U.S. District Court covering western Washington issued an order stating that federal officials were allowing Alaska fishermen to harvest king salmon at rates that harmed an endangered population of killer whales in Puget Sound.

That order could have halted Southeast Alaska’s troll king salmon fishery, critical for residents in the region, but the 9th Circuit stayed the lower court’s ruling, putting it on hold.

The Washington-based Wild Fish Conservancy, which brought the initial lawsuit, is seeking to lift the hold and thus stop the fishery. 

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The state of Alaska, the Alaska Trollers Association and a coalition of environmental, tribal and other groups are all seeking to keep the hold in place, as is the National Marine Fisheries Service, the lead defendant.

As legal matters proceed, the federal government is rewriting the fisheries rules that were the subject of the lawsuit, and a new version of the rules is expected by November.

Attorney Thekla Hansen-Young, representing the National Marine Fisheries in court on Thursday, said that “it is undisputed that whales are not going to go extinct in the next four months. … On the other side, if the stay were to be lifted, that would irreparably harm Southeast Alaska communities because there would be considerable uncertainty about how they could continue to fish.”

Judges Milan Smith, Mark Bennett and Anthony Johnson appeared sympathetic to that line of thought and skeptical of the idea that they should lift the hold before the new rules are released.

Speaking to attorney Brian Knutsen of the Wild Fish Conservancy, Bennett said documents submitted to the court indicate “a lot of uncertainty” about whether whales will be helped by a halt to fishing.

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Meanwhile, “closing some of the fisheries is absolutely going to cause harm to inhabitants of Alaska and their various subsistence and cultural practices,” he said.

“I find it very difficult to come out on your side, given the uncertainty about the numbers, but convince me why I should be less troubled,” Bennett told Knutsen.

Knutsen responded that there’s also “a significant amount of speculation with respect to the economic impacts,” suggesting that Alaskans might switch to fishing different kinds of fish if barred from catching kings.

Knutsen said the Conservancy doesn’t believe — based on prior experience with other federal issues — that NMFS will complete the new rules by November.

“We think, if there may be delays, that the benefit of the doubt should be given to the (whale) species and not to the hopes … the gambling that NOAA will get legal and new documents out,” he said.

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In response to those concerns, the judges asked Hansen-Young if she could assure them that the November timeline will hold.

She said that it could commit, “barring unforeseen circumstances.”

After that comment, one of the judges asked whether Hansen-Young would approve of an order that halts fishing if the federal government fails to meet that November timeline.

She initially said she “wouldn’t agree to such a broad grant of relief to plaintiffs,” but when asked whether she would approve of the 9th Circuit issuing more limited instructions in case of a missed deadline, she said that the government “would not object, so long as any instruction to the district court would be post-December 1.”

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After a dry June sparked wildfire concerns, Alaska has had a very rainy July

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After a dry June sparked wildfire concerns, Alaska has had a very rainy July



A duck swims in the rain on Anchorage’s Westchester Lagoon on July 16, 2024. (Leigh Walden/Alaska Public Media)

It’s been rainy in Alaska for much of July so far, with Southcentral set to see cloudy skies through the week.

That comes on the heels of a drier than usual June, which sparked concerns as wildfires burned across the Interior. 

As part of our Ask a Climatologist segment, National Weather Service climate researcher Brian Brettschneider says the rain is lessening those wildfire concerns, and though temperatures may seem comparably cooler, it’s still a warmer-than-average summer.

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Listen: 

This interview has been lightly edited for length and clarity. 

Brian Brettschneider: Obviously, rain is a great antidote for wildfire concerns. And it’s been, at least in Southcentral, it was fairly dry for the month of June, and actually most of the state it was dry for the month of June. And we were getting more concerned about the conditions that might be susceptible to starting fires. But this rain has certainly, quite literally put a damper on that.

Wesley Early: And speaking of wildfires, there were a bunch that were burning in the Interior. You mentioned that a big chunk of the state has seen rain. Is the Interior part of that big chunk?

BB: Yes. So if you look statewide, the first half of July, we basically had an entire July’s worth of rainfall, so far, on average statewide. You know, places like Nome, it’s five times as much rain so far that they should have had for the first half of July. And pretty much every single station is well above normal, with just a couple of exceptions. And so the fires that were burning, I don’t think there’s any fire that was burning that hasn’t gotten significant rain. I’m not sure if they’re all out or not, but the rain has definitely been a blessing for fire. And also, you know, July is basically the month of the year where we get the most lightning strikes by a wide margin. It’s July, and then it’s kind of June to a lesser degree, August to an even lesser degree. And with all this, these wetting rains, and they’ve been a kind of steady rains, not convective, not thunderstorms, not nearly as much. And that’s also good for fires. And now we’re really only a few weeks away from the end of the busy time of the lightning season. So there’s not going to be too many more opportunities for new fires to start, hopefully.

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WE: We’re coming to the end of what’s considered, sort of, the peak of wildfire season, peak of lightning season. What is the rest of the summer looking like?

BB: Well, the Climate Prediction Center, they do monthly outlooks, and the next outlook, which is going to be released on Thursday, will show that the southwest part of the state is most likely to be a little bit below normal temperatures. And then the north and northeastern part of the state may be a little bit warmer than normal and about half the state in the near-normal category. A very familiar climate outlook pattern that we’ve seen a number of times over the last few months, and the August one looks to continue that trend also with above normal chances of being wetter than normal. And keep in mind, July and August are the two wettest months of the year in the mainland, so not Southeast, but in the mainland, those are the two wettest months of the year. And so even near-normal rainfall during those months is a good thing. It’s a good amount of rain and we potentially could be on the high end of that.

WE: And this seems to be the second year in a row where the Lower 48 has had baking temperatures. I’ve seen so many places that don’t normally have above 100 degrees having above 100 degrees. Alaska is having a… I don’t want to say lackluster, but a less severe summer. It seems like an odd trend that as the Lower 48 bakes, Alaska has a comparatively cooler summer. Is that normal?

BB: Not really. There’s a little bit more correlation in the winter where there can often be kind of a flip between what Alaska experiences and what the Lower 48 does. It doesn’t really work out so much in the summer. So June statewide it was a top 10 warmest June. It was also a top 10 driest June. And so we need to be careful now that we’re in a kind of a cool wet pattern to think, “Oh, this has been a cool, wet summer.” It really hasn’t been. In fact, for the first half of the summer, statewide, we’re kind of exactly normal. The southwest part of the state is cooler than normal, the eastern part of the state is warmer than normal. But on balance, we’re right at the 1991 to 2020 normal, which is warmer than previous decades. So historically, this is still probably a warmest third of all summers. And, you know, as far as rainfall again, it was a very dry June. We’re definitely making up for that so far in July and the forecast looks for that to continue.


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