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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

This Day in Alaska History-March 27th, 1964

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This Day in Alaska History-March 27th, 1964


 

The largest landslide in Anchorage occurred along Knik Arm between Point Woronzof and Fish Creek, causing substantial damage to numerous homes in the Turnagain-By-The-Sea subdivision. Courtesy of Wikipedia
The largest landslide in Anchorage occurred along Knik Arm between Point Woronzof and Fish Creek, causing substantial damage to numerous homes in the Turnagain-By-The-Sea subdivision. Courtesy of Wikipedia

J.C. Penney Department Store at Fifth Avenue and D Street, Anchorage District, Cook Inlet Region, Alaska, 1964. Courtesy of USGS
J.C. Penney Department Store at Fifth Avenue and D Street, Anchorage District, Cook Inlet Region, Alaska, 1964. Courtesy of USGS

It was on this day in 1964 that a massive 9.2 earthquake in Southcentral Alaska.

The massive quake at 5:36 pm on March 27th caused much devastation throughout the region and generated a huge tsunami that inundated many communities in the region.

The quake was the largest in the history of the United States and initially killed 15 people while the resulting tsunami killed an additional 100 people in the new state and another 13 in California as well as five in Oregon.

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The megathrust earthquake endured for four minutes and thirty-eight seconds and ruptured over 600 miles of fault and moved up to 60 feet in places.

The deadly quake occurred 15 and a half miles deep 40 miles west of Valdez and generated a ocean floor shift that created a wave 220 feet high.

As many as 20 other smaller tsunamis were generated by submarine landslides.



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Opinion: Alaska’s public schools were once incredible. They can be that way again.

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Opinion: Alaska’s public schools were once incredible. They can be that way again.


(iStock / Getty Images)

I grew up greeting friends and neighbors on my walk to my neighborhood Anchorage public school, just as my kids do now. It’s an essential, and value-added, part of living in our community.

In the late 1990s, when I attended Service High School, I had amazing teachers. My AP chemistry teacher left the oil and gas industry to teach. He could have earned significantly more money in another field, but teaching was competitive enough, given pensions and compensation, that he stayed in the job he loved and gave a generation of students a solid foundation in chemistry.

Now, my kids, who are in first, third and fifth grade, face a different reality. Teachers across our state are leaving in droves. Neighborhood schools across Alaska are closing. Art and music are being combined, which is nonsensical — they are not the same and they are both valuable independently. When he was in second grade, my oldest had a cohort of more than 60 students in his grade — split between two teachers. When he enters sixth grade next year, there will be no middle school sports and he will lose out on electives. Support systems and specialists to help when kids are falling behind have been cut. I’m lucky that my children have had amazing teachers, but many excellent teachers are nearing retirement age or don’t have a pension and are pursuing other careers. What happens then?

Despite skyrocketing inflation, last year was the first time in years that our schools received a significant increase in the Base Student Allocation — and that money doesn’t begin to make up for what they have lost over the years. Even that increase had to overcome two vetoes from what a recent teacher of the year calls “possibly the most anti-public education governor in the history of Alaska.” Shockingly, my own representative, Mia Costello, despite voting for the increase, failed to join the override to support education. She has failed to explain that decision when asked.

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State spending on corrections is up 54% since 2019; meanwhile, spending on education is up only 12% in the same timeframe. Schools are now working with 77% of the funding they had 15 years ago when accounting for inflation.

When we starve our public schools of funding, Alaska families leave. No one wants their child to suffer from a subpar education and the lower test scores and opportunities that come with it. A significant number of people are working in Alaska but choosing not to raise their families here.

To the elected officials who preach school “choice” but starve public schools: our family’s choice is our neighborhood school. It’s our community. It’s where our friends are. Neighborhood public schools, which are required to accept all children, should be the best option out there. Public schools should be a good, strong, viable option for communities and neighborhoods across our great state. Once, they were.

I am thankful for those in the Legislature working to solve these problems. This includes HB 374, which raises the BSA by $630, and HB 261, which would make education funding less volatile.

It breaks my heart that across the state, dedicated teachers keep showing up for our kids while being underpaid and undervalued. Underfunding our schools is also a violation of Alaska’s constitution, which requires “adequate funding so as to accord to schools the ability to provide instruction in the standards.”

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Not so long ago, Alaska’s public schools were adequately funded, and they produced well-educated students and retained excellent teachers. It’s up to all of us to reach out to our elected officials and urge them to make that the case once again.

Colleen Bolling is a lifelong Alaskan and mother of three who cares deeply about Alaska’s schools.

• • •

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Alaska volunteer dedicates 600 hours a year to food bank after husband’s death

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Alaska volunteer dedicates 600 hours a year to food bank after husband’s death


ANCHORAGE, Alaska — Karen Burnett spends most days in the sorting room at the Food Bank of Alaska, ensuring every donated item finds its place.

The Anchorage woman dedicates her time to sorting, packing and organizing food donations.

Finding purpose after loss

Burnett’s journey at the Food Bank of Alaska began after a personal loss. Following the death of her husband, Burnett said she found herself with time on her hands and a desire to help.

“I had a friend who had talked to me about it, and it just sounded like a good thing to be out doing,” she said.

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Burnett now volunteers between 500 and 600 hours each year.

“I started, but it got to be so fun. I spent more and more time here,” Burnett added.

Understanding community need

Burnett has witnessed the growing need in the community, particularly as more families struggle to make ends meet.

“If you took a look at the pantry and saw those empty shelves, it’s hard sometimes when you know people are coming in and looking for something, for their clients, and there’s absolutely nothing in there,” Burnett said.

Her dedication has made a lasting impact on countless families.

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“I just feel real involvement in a way that is appreciated,” Burnett said. “You know, people need this food. They need people to put it out for them.”

See the full story by Ariane Aramburo and John Perry.



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