On Wednesday, July 17, 2024, Bloomberg Law reported that federal prosecutors in Alaska had identified around two dozen criminal cases that may have involved undisclosed conflicts of interest related to US District Judge Joshua Kindred.
Kindred had recently resigned from his position as federal judge amid allegations of sexual misconduct. An internal investigation by the judicial council uncovered evidence that Kindred engaged in an inappropriate relationship with a female clerk and later lied about his conduct. The investigation also found that Kindred created a hostile work environment and received sexually suggestive messages from attorneys who appeared before him in court.
According to an email obtained by Bloomberg Law from Bryan Wilson, the chief of the criminal division of the US Attorney’s Office, prosecutors were reviewing 23 criminal cases presided over by Kindred that potentially involved undisclosed conflicts of interest. Three of the attorneys in question had previously worked at the US Attorney’s Office, though their names were not disclosed.
One of the attorneys believed to be significantly involved was senior prosecutor Karen Vandergaw. Court records indicated that in at least 13 cases since 2022, Kindred had recused himself or the case was reassigned after Vandergaw made an appearance. It was previously reported that Vandergaw was the attorney who had sent nude photographs to Kindred, according to the judicial investigation.
Prosecutors became aware of possible conflicts in the fall of 2022 when the judicial investigation into Kindred began. They had since taken steps to avoid potential conflicts by requesting Kindred not to preside over cases involving the attorneys of concern. However, in at least one instance during the investigation, Vandergaw had entered an appearance in one of Kindred’s cases, leading to his recusal.
The review aimed to ensure the US Attorney’s Office met its obligations regarding disclosure of conflicts. Federal public defenders were also undertaking their own evaluation and believed the number of conflicted cases could be higher than the 23 identified. Some speculated that cases, where Vandergaw had behind-the-scenes influence in the relatively small Alaska office, should also be examined.
Legal experts quoted in the report said conflict between a judge and prosecutor, like in the case of Kindred and Vandergaw, could provide grounds to reopen convictions from cases overseen by that judge. They noted the low standard of needing only a reasonable perception of lack of impartiality to require recusal. If misconduct was severe enough, experts believed it could even challenge convictions from other judges if the compromised attorney had been involved.
Source: Bloomberg Law
