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.
Advertisement
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.
Advertisement
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.
Advertisement
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.
I never thought I’d be the person writing this letter, but after this winter, I think I might be done with Alaska. I was born here, grew up here, raised my family here, and never imagined living anywhere else. I defended Alaska to the haters. I rolled my eyes at people who retired to Arizona. I told myself long winters are worth it because summers are the best.
But this winter broke something in me. It was so long, dark, icy and relentless. By the time spring finally arrived, I felt angry that winter took so much out of me and that I spent months feeling trapped by weather, darkness and road conditions. Angry that I’m getting older and still structuring my life around surviving winters instead of enjoying my life. And at the time I’m writing this, this spring has sucked! My heat is still coming on every day. I’m still wearing my puffer jackets!
Part of me wonders if it’s not really about the winter at all. I’m divorced and my two kids are grown and doing their own thing, both staying in Alaska for now. For the first time in my life, nothing is really anchoring me to a place. And if I’m being honest with myself, in addition to feeling trapped by the weather, I’m bored with it here. The dating scene feels impossibly small. Every time I open a dating app, it’s the same people. Half the time I already know them, or know someone who dated them (and broken up with them for a good reason!).
Advertisement
So I’m sketching out plans to move somewhere warmer, bigger and completely unfamiliar. I think I want to know what life feels like somewhere else while I’m still young enough to enjoy it. I really feel this is a moment for a big change.
The problem is that nobody seems supportive. When I bring it up, people act like I’m having a midlife crisis. Friends tell me I’ll regret it. Family members remind me that the kids are here. Other Alaskans give me the usual speech about how the Lower 48 is generic. It’s gotten to the point where I almost don’t talk about it anymore because I’m tired of defending myself.
But all the resistance has me questioning myself and whether moving is a legitimate and logical step, or whether I’m just exhausted from a hard winter and romanticizing a different life. How do you know the difference between running toward something and simply running away?
Wanda says:
You’re asking whether you’re running toward or away from something — essentially if you’re taking a positive step or being reactive. Those aren’t mutually exclusive. Sometimes we leave both because we’re exhausted by what we’ve been carrying, and also because we are moving toward something new at the same time.
Advertisement
Every reason you listed for staying in Alaska has changed. You raised your children here? They’re grown. You had a marriage here? That chapter is closed. You tolerated winters for the sunny payoff? Nailed it: This spring has sucked.
Now you’re primed for a reset, and questioning how you want the near term and future of your life to unfold is not a crisis, it’s taking action. And it’s way more productive than floating along season to season in a fog of monotony, settling for an unfulfilling existence. Your friends and family may genuinely believe they’re protecting you from a mistake, but they’re also protecting their own worldview. Your decision to leave can feel like an implicit criticism of their choices.
But this isn’t a committee decision, and you’re a grown woman capable of major decisions, who absolutely should explore life’s possibilities without defending it to everyone you know. So go explore. Visit places. Rent before you buy. Spend a winter somewhere else. Gather information instead of arguments. And know that no matter where you land, you can always come home again — even if it’s just for a long visit in the middle of summer.
Wayne says:
This isn’t a midlife crisis that can be glossed over with a motorcycle, lip filler, a 20-something boyfriend (who probably went to high school with your kids — yikes), or kicking off your Cowgirl Era with a hat, boots and a two-week Nashville dive bar tour.
Advertisement
This is an existential crisis with your health and happiness at risk. And you’ve faced it thoughtfully, sat with it thoroughly, and are now making the best decisions selfishly. Good for you! You can’t fault your family and friends for also being selfish and wanting you to stay in AK. Of course they don’t want their mom and friend moving far away. But you’ve got to mute that noise and focus on what’s best for you.
Yes, Alaska life is special, but it sure isn’t easy. And we don’t get medals for stubbornly battling through decades of winters. What we do get is some sweet and fleeting summer moments followed by more winters. You know that, and it’s not enough for you anymore.
Most people would totally understand an 18-to-20-year-old Alaska kid taking off to see what else is out there in the world. What, we’re supposed to stop being interested in new experiences once we hit a certain age? And we’re expected to stick around someplace forever just because we’ve always been there?
It’s time for you to go. See what life feels like when you’re not scraping ice off your windshield in May. See how much fun you can have with new people in new places. It’s exciting, it’s living, and you deserve it.
[Wayne and Wanda: Is it the winter blues I can’t shake off, or something more?]
Advertisement
[Wayne and Wanda: Rebuilding my social life after a divorce]
[Wayne and Wanda: My relationship is poised for big steps, and I’m anxious]
Shares in Alaska Air Group(ALK 1.16%) rose by 12.7% in an excellent week for airline stocks. The move comes as the sector climbs a wall of worry driven by soaring jet fuel prices stemming from the closure of the Strait of Hormuz. While the market’s prior concerns are understandable, there’s growing anecdotal evidence suggesting that airlines, including Alaska Air, might emerge from the period in better shape than many expect.
This week’s airline updates
Southwest Airlines(LUV 0.83%) CEO Robert Jordan gave a presentation at the Bernstein 42nd Annual Strategic Decisions Conference, and his remarks surprised the market. It’s no secret that jet fuel prices have soared, and that’s challenging airlines’ profitability. Still, it doesn’t appear to have affected end demand, with Delta Air Lines previously telling investors that strong demand in the first quarter was continuing into the second quarter, even as it raised prices.
Today’s Change
(-1.16%) $-0.54
Advertisement
Current Price
$46.05
Key Data Points
Market Cap
$5.1B
Day’s Range
Advertisement
$46.04 – $47.84
52wk Range
$33.03 – $65.88
Volume
162.4K
Advertisement
Avg Vol
4.5M
Gross Margin
13.76%
That positive trend, with Southwest’s Jordan telling investors that Southwest had participated in seven consecutive fare increases with “no drop off in demand at all.” Jordan went on to note that “I’m becoming increasingly bullish that we will be able to cover these fuel increases with revenue increases,” and also believes that “the industry will retain a much higher percent of the fare increases that would be typical historically.”
Advertisement
What it means to Alaska Air
Given that Alaska competes with Southwest on some routes and is suffering from rising jet fuel prices, the news from Southwest is particularly relevant. For example, in its recent first-quarter earnings report, Alaska’s management said higher fuel costs would impact earnings per share (EPS) by $0.70 in the first quarter and by more than $3 in the second quarter.
Image source: Getty Images.
These are significant numbers from an airline that analysts expect to report a $0.77-per-share loss in 2026 and then $6.32 in EPS in 2027. However, if Alaska can offset fuel costs with higher prices, then those estimates might need a positive revision.
Lee Samaha has no position in any of the stocks mentioned. The Motley Fool recommends Alaska Air Group, Delta Air Lines, and Southwest Airlines. The Motley Fool has a disclosure policy.
(Bethel, AK) –Wednesday, the Ninth Circuit Court of Appeals issued a favorable opinion for the State of Alaska in ConocoPhillips Alaska v. Alaska Oil and Gas Conservation Commission (AOGCC), agreeing that State laws requiring disclosure of oil well data are not preempted by federal law.
“Alaska relies heavily on our resources and resource development,” said Acting Alaska Attorney General Cori Mills. “We are also stewards of those resources for the citizens of Alaska. Alaska’s law both allows resource development now, and encourages further development and exploration in the future. We’re pleased that the Ninth Circuit recognized that federal law has not overridden Alaska’s balanced approach.”
The Alaska Oil and Gas Conservation Commission regulates oil and gas operations throughout Alaska, including within the National Petroleum Reserve–Alaska (NPR–A). Under Alaska law, companies need permits from the AOGCC to drill and must submit well data. The AOGCC is required to keep well data confidential for 24 months.
Advertisement
ConocoPhillips drilled several wells on lease holdings within the NPR–A and submitted data to the AOGCC. When the 24-month period expired, the AOGCC notified ConocoPhillips of the upcoming well data disclosure. ConocoPhillips sued in federal court to stop the disclosure process claiming that the Naval Petroleum Reserves Production Act, the federal law allowing private exploration in the NPR–A, preempted Alaska’s 24-month disclosure law. The federal district court found Alaska law preempted, and the AOGCC sought appellate review by the Ninth Circuit Court of Appeals.
On appeal, the Ninth Circuit agreed with the AOGCC. The federal Production Act does not preempt state law. The Ninth Circuit therefore reversed the district court’s holding to the contrary.
“The Alaska Oil and Gas Conservation Commission is pleased with the court’s decision upholding Alaska law,” said AOGCC Commissioner Jessie Chmielowski in a declaration filed in the litigation court. “Alaska’s balanced approach to well data confidentiality leads to increased exploration activity, not less. Alaska law allows for a two-year confidentiality period on exploration well data to leverage a company’s investment in drilling. Thereafter, making the data public has incentivized exploration on the North Slope. Placing well data in the public record allows competing companies to evaluate different exploration concepts or interpretations based on seismic data that, without well data, are just educated guesses.”
