On Thursday, November 21, 2024, Bloomberg Law reported that the U.S. Department of Justice settled with a former federal prosecutor who alleged retaliation after reporting sexual misconduct by a federal judge in Alaska. This development follows the whistleblower’s claims that she faced discrimination from leaders within the U.S. Attorney’s Office in Anchorage after she brought the misconduct to light.

The whistleblower, who previously clerked for U.S. District Judge Joshua Kindred, filed her complaint with the Office of Special Counsel (OSC) after she was reportedly denied a permanent position as a federal prosecutor. She contended that her job application was affected by her disclosures regarding Judge Kindred’s alleged sexual misconduct, which she reported to her supervisors in the fall of 2022.

Although specific details of the settlement have not been disclosed, OSC Special Counsel Hampton Dellinger expressed gratitude towards the whistleblower for her bravery in addressing the misconduct. Dellinger emphasized that no individual should endure sexual misconduct in the workplace and acknowledged the Justice Department’s effort in reaching this settlement. The agreement was reportedly connected to a separate complaint filed with the Equal Employment Opportunity Commission (EEOC) by the whistleblower.

Kevin Owen, the attorney representing the whistleblower, highlighted that her experience illustrates the challenges faced by survivors of workplace harassment and assault when they choose to come forward. He praised her determination to seek accountability and justice, noting that her actions contribute to making the federal judiciary a safer environment.

The whistleblower’s allegations included being denied a transfer to another Justice Department office, despite expressing her fears about working in proximity to Judge Kindred. The OSC’s investigation into her claims was prompted by her request for an inquiry into the alleged retaliation.

The U.S. Attorney’s Office in Anchorage has been under scrutiny following the misconduct findings against Judge Kindred. U.S. Attorney S. Lane Tucker, appointed by President Biden, is reportedly involved in ongoing reviews of the office’s practices. Senator Lisa Murkowski (R-AK) stated in September that the Department of Justice’s Office of Professional Responsibility is investigating potential misconduct within the Anchorage office, stemming from the situation involving Kindred.

In light of the allegations, numerous cases have been flagged for potential conflicts related to Judge Kindred, prompting defense attorneys to seek reevaluations of certain prosecutions. Recently, Alaska federal prosecutors moved to dismiss a criminal conviction in a case where Judge Kindred failed to recuse himself, as he had received inappropriate photographs from a senior prosecutor involved in the case.

Judge Kindred resigned from his position on the federal court in Alaska in July, shortly before a federal judiciary order determined that he had created a hostile work environment characterized by abusive and sexualized conduct. The findings of the judiciary panel indicated that Kindred had subjected his former clerk and others in his chambers to this inappropriate environment. While he initially denied the allegations, he later admitted to engaging in sexual encounters with the former law clerk, asserting that these interactions were consensual.

The federal judiciary has since referred Kindred’s case to the House for potential impeachment due to his “reprehensible conduct,” which has been deemed detrimental to the reputation of the judiciary.

Additionally, Amanda Coyne, a spokesperson for Senator Dan Sullivan (R-AK), expressed concern over the serious ethical issues within the U.S. Attorney’s Office for the District of Alaska that could undermine public trust in the judicial system. Senator Sullivan has called for a comprehensive investigation by the Justice Department to address the allegations of wrongdoing and hold those responsible accountable.

The announcement of the settlement coincided with the release of the federal judiciary’s first annual report on workplace misconduct. U.S. District Judge Robert Conrad, who leads the Administrative Office of the U.S. Courts, remarked that the handling of the internal complaint against Kindred exemplifies the judiciary’s procedures for addressing such cases.

 

 

Source: Bloomberg Law