The U.S. judiciary’s top policymaking body referred former Alaska judge Joshua Kindred to Congress for potential impeachment, even after his resignation, due to the severity of his “reprehensible” sexual misconduct. This decision, revealed in public records on Friday, explained why the U.S. Judicial Conference made the rare referral last week, certifying that the U.S. House of Representatives might consider his impeachment.
Kindred, appointed by former President Donald Trump in 2020, resigned in July following a judicial misconduct investigation. The inquiry found that Kindred engaged in an inappropriate sexualized relationship with one of his law clerks, creating a hostile work environment for other court employees. The 9th Circuit Judicial Council determined that Kindred had two sexual encounters with the clerk in October 2022 after she began working at the U.S. Attorney’s Office in Alaska, a fact he later lied about.
Though the judicial council had already reprimanded Kindred and requested his resignation, the judiciary’s leadership escalated the matter, referring him for potential impeachment due to the seriousness of his misconduct, according to documents released by the House of Representatives. Kindred could not be reached for comment.
Although Kindred is no longer a sitting judge, an impeachment conviction in the Senate would prevent him from holding future office. The Judicial Conference acknowledged that the House may opt not to pursue impeachment, especially after his resignation, but noted that the referral itself could act as a form of public censure.
The judiciary sent the impeachment referral to Republican House Speaker Mike Johnson last week, though the House only made the documents public on Friday. Chief Justice John Roberts leads the Judicial Conference, which last issued such a referral in 2015. Historically, only 15 judges have been impeached, and just eight have been convicted by the Senate, with the most recent case occurring in 2010.
Senate Republican Leader Mitch McConnell criticized the Judicial Conference on Tuesday, calling the potential impeachment of a resigned official “remarkable” and pointing out the contentious debate over whether a former official can be impeached. He referenced the Senate’s February 2021 acquittal of Trump after he left office, following his impeachment by the House for inciting the January 6, 2021, Capitol attack.
However, Alaska Senator Lisa Murkowski, a Republican who had voted to convict Trump, expressed full agreement with the Judicial Conference, stating that Kindred’s misconduct warranted consideration for impeachment.
