On Wednesday, July 10, 2024, the Anchorage Daily News reported that Alaska was down to just one active federal judge after the resignation of Judge Joshua Kindred earlier this month. Kindred resigned in disgrace following a disciplinary order from the Ninth Circuit judicial council which described inappropriate conduct including sexual harassment and contact with law clerks during his time as a federal judge in Alaska.
With Kindred’s departure, Alaska was left with only Chief Judge Sharon Gleason as the sole active federal district court judge. The state is allotted three judges but two seats have been vacant for some time. Former Chief Judge Timothy Burgess retired at the end of 2021 and has been taking on a reduced caseload since. His seat has been vacant for over two years now and is considered one of the longest federal judiciary vacancies in the country.
Kindred’s sudden resignation meant Gleason had to take on his entire docket of 225 pending criminal and civil cases. Court officials acknowledged this increased workload would likely lead to delays for litigants as the one active judge works to manage the caseload on her own. Senior judges and magistrate judges would assist but have reduced workloads themselves.
The public defender’s office noted it was unclear exactly how the shortage of judges would impact criminal defendants but predicted cases would need to be redistributed to visiting and senior judges until the vacancies could be permanently filled.
Both of Alaska’s Republican senators, Lisa Murkowski and Dan Sullivan, expressed shock and disgust over Kindred’s misconduct and said they were moving carefully to nominate candidates for the open seats.
Kindred had been nominated by former President Trump and confirmed in 2020 at just 42 years old, expected to serve for decades. However, the Ninth Circuit Council found he had engaged in a sexual relationship with a law clerk and lied about it during their investigation, violating ethical standards for interactions between judges and staff. The council left open the possibility of further action like a referral to the Judicial Conference, which could lead to a rare impeachment.
Experts noted abuse of law clerks has received more attention amid the #MeToo movement, and the federal judiciary wants to crack down on any potential misconduct. The article reported Kindred may still face impeachment proceedings to serve as a warning even after resigning.
Both Murkowski and Sullivan play an influential role in judicial nominations from Alaska, given their ability to block candidates. However, they said Kindred had not raised any red flags during their vetting processes. While Murkowski knew Kindred personally, Sullivan had wanted to nominate attorney Jonathan Katchen instead but said consensus could not be reached.
They forwarded two names each to the White House earlier this year as potential nominees but kept the candidates confidential for now. Sullivan also noted he had established an Alaska Federal Judicial Council last year to provide input beyond just the state bar association’s recommendations, a move that concerned Murkowski amid existing delays.
With the extended vacancies, Alaska risks delays in court proceedings as the workload mounts on the sole active judge. Both senators denied slow-rolling nominations intentionally in hopes a Republican president may be reelected soon. However, they said the depth of vetting required after Kindred makes their processes crucial.
Murkowski said she had recently spoken to Senate Judiciary Committee Chair Dick Durbin about advancing nominees more quickly. She believes the additional vacancy creates new urgency. The Alaska Bar Association also continues urging the seats be filled expeditiously to avoid undue impacts on justice procedures in the state.
In closing, the resignation of Judge Kindred leaves Alaska with a serious shortage of federal judges at a time when careful and thorough vetting of future candidates is needed most. The state’s leaders and legal groups will continue working to nominate and confirm replacements for the long-vacant seats.
Source: Anchorage Daily News
