On Wednesday, September 4, 2024, Bloomberg Law reported that Alaska prosecutors argued a former federal judge did not need to recuse himself from a case involving an assistant US attorney who sent him nude photos.
According to court filings, Joshua Kindred, a former US district judge in Alaska, resigned in July 2024 after a judicial panel found he sexually harassed his former clerk and created a hostile work environment. The panel also found Kindred exchanged flirtatious text messages with two local attorneys who regularly appeared before him.
One of those attorneys was identified as Karen Vandergaw, a senior assistant US attorney in Alaska. Vandergaw was recently demoted after the panel found she sent Kindred nude photos as part of a “flirtatious rapport.” However, prosecutors argued in a recent court filing that Vandergaw’s involvement in a cyberstalking case against Rolando Hernandez-Zamora did not require Kindred’s recusal.
While Vandergaw advised the prosecutors assigned to the case and watched proceedings from the gallery, she did not formally enter an appearance or officially represent the government. Prosecutors said this level of “limited involvement” did not trigger an obligation for Kindred to recuse himself under judicial ethics rules. They also argued they were not required to notify the defense about Kindred and Vandergaw’s interactions.
Still, prosecutors acknowledged Vandergaw should have refrained from any involvement in Kindred’s cases once their relationship became unprofessional. Hernandez-Zamora’s lawyer is seeking a new trial, arguing Kindred’s misconduct and Vandergaw’s presence in court represented a conflict of interest. However, prosecutors oppose this request as well as a defense demand for additional discovery, calling it a “fishing expedition.”
The case is one of dozens in Alaska now under closer scrutiny following Kindred’s resignation. Prosecutors have identified over 40 cases that may have involved potential conflicts with Kindred. The Justice Department has also implemented a process to preserve records regarding Kindred’s conflicts with prosecutors in 38 cases.
Source: Bloomberg Law
