The U.S. judiciary’s principal policymaking body has made a rare decision to refer former U.S. District Judge Joshua Kindred to Congress for potential impeachment following serious findings of sexual misconduct, as revealed in documents released on Friday. The U.S. Judicial Conference determined that Kindered’s actions were “reprehensible” enough to merit congressional review despite his resignation from the bench.
Appointment by former President Donald Trump in 2020, Kindred resigned in July after an inquiry by the 9th Circuit Judicial Council disclosed that he engaged in an inappropriate sexual relationship with a law clerk and fostered a hostile work environment for court employees. The council’s investigation found that Kindred had two sexual encounters with the clerk in October 2022 after she began employment with the U.S. Attroney’s Office in Alaska, which he subsequently misrepresented.
In light of the severity of the misconduct, the judicial conference has certified that impeachment by the House of Representative may be warranted. Although he is no longer serving as a judge, a Senate conviction could bar him from holding any public office in the future.
The judicial conference acknowledged that the House might choose not to pursue impeachment given Kindred’s resignation, but stated that the referral was sent to House Speaker Mike Johnson, with the details being made public only recently.
Historically, only 15 judges have facial impeachment and a mere eight have been convicted by the Senate, the most recent occuring in 2010. Senate Republican Leader Mitch McConnell Criticized the Judicial Conference’s decision to recommend impeachment of a former official who had resigned, citing the contentious nature of whether a former offical can be impeached.
Conversely, Senator Lisa Murkowski of Alaska expressed her full support for the Judicial Conference’s position, asserting that the consideration of Kindred’s impeachment was justified.