On Friday, April 11, 2025, Bloomberg Law reported that the Justice Department’s Office of Professional Responsibility (OPR) has concluded that an Alaska federal prosecutor engaged in serious misconduct by continuing to prosecute cases in a courtroom overseen by a former judge with whom she had an inappropriate relationship. Assistant US Attorney Karen Vandergaw was found to have sent explicit photographs to ex-Judge Joshua Kindred, who had previously been the subject of sexual harassment allegations.

The OPR’s investigation revealed that Vandergaw had concealed her relationship with Kindred and failed to obtain informed consent from her clients while proceeding with cases in his courtroom. The findings highlighted that her actions constituted “intentional professional misconduct,” as she misrepresented her relationship with Kindred to both the OPR and judicial investigators.

While the OPR report did not publicly name Vandergaw or Kindred, the details align closely with the interactions between the two. The investigation comes in the wake of earlier findings by the Ninth Circuit Judicial Council, which had determined that Kindred, a Trump appointee, had sexually harassed a former law clerk and created a hostile work environment. His conduct included inappropriate relationships with female attorneys appearing before him, leading to his resignation and a referral to the House of Representatives for possible impeachment. However, House Republicans did not pursue the matter.

In light of the recent OPR findings, defense attorneys in Alaska have raised concerns over conflicts of interest in cases previously adjudicated by Kindred. At least two criminal convictions have been vacated as a result of these conflicts, and the Alaska Bar Association has initiated proceedings for Kindred’s disbarment.

Vandergaw claimed that her decision to send the explicit photos stemmed from feelings of coercion due to Kindred’s powerful position as a federal judge. She expressed concern about his ability to influence decisions within the U.S. Attorney’s Office and her career prospects.

The OPR’s findings were referenced in a recent criminal case involving a former nurse practitioner sentenced by Kindred to 30 years in prison for illegal opioid prescriptions. The defense attorney in that case has requested a new trial and is seeking records of communications between Vandergaw and Kindred.

The Alaska U.S. Attorney’s Office has placed Vandergaw on administrative leave, following notification to federal defenders about her status. An attempt to contact Vandergaw for comments returned an automated out-of-office reply.

Previously, the OPR had conducted an inquiry into Vandergaw’s interactions with Kindred but had closed the investigation after she denied any inappropriate relationship. The inquiry was reopened after the judicial council’s report revealed Kindred’s admission of receiving nude photographs from a senior prosecutor.

The OPR has now referred its findings to the Professional Misconduct Review Unit for further action.

 

 

Source: Bloomberg Law